PASCO SHERIFF’S OFFICE PURCHASING SECTION 19415 … · the K9 Training Campus, the PSO will...
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CONTRACT DOCUMENTS AND SPECIFICATIONS FOR: CONSTRUCTION OF K9 TRAINING CAMPUS BID NO. 2FY20 K9 TRAINING CAMPUS PASCO SHERIFF’S OFFICE PURCHASING SECTION 19415 CENTRAL BOULEVARD LAND O’ LAKES, FL 34637 Telephone: 813-235-6011 [email protected]
Transcript of PASCO SHERIFF’S OFFICE PURCHASING SECTION 19415 … · the K9 Training Campus, the PSO will...
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR:
CONSTRUCTION OF K9 TRAINING CAMPUS
BID NO. 2FY20 K9 TRAINING CAMPUS
PASCO SHERIFF’S OFFICE
PURCHASING SECTION
19415 CENTRAL BOULEVARD
LAND O’ LAKES, FL 34637
Telephone: 813-235-6011
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TABLE OF CONTENTS
PART I - BIDDING REQUIREMENTS PAGE
Instructions to Bidders
PART II - CONDITIONS OF THE CONTRACT
A. General Conditions
ARTICLE 1 - CONTRACT DOCUMENTS
ARTICLE 2 – DEFINITIONS
ARTICLE 3 - PRELIMINARY MATTERS
3.1 Delivery of Bonds and Other Documents.
3.2 Commencement of Contract Time.
3.3 Commencement of the Project.
3.4 Before Commencement of Each Part of the Work.
3.5 Qualifications of Subcontractors, Vendors, and
Suppliers.
3.6 Pre-construction Conference.
ARTICLE 4 - CONTRACT DOCUMENTS: INTENT, CONFLICTS,
INTERPRETATION, AND REUSE
4.1 Precedence.
4.2 Reuse of Documents.
ARTICLE 5 - PROJECT CONDITIONS
5.1 Availability of Lands.
5.2 Unknown or Concealed Conditions.
5.3 Reference Points.
5.4 Existing Utilities.
ARTICLE 6 - BONDS, INSURANCE AND INDEMNIFICATION
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6.1 Performance and Payment Bonds.
6.2 Warranty Bond.
6.3 Insurance of the CONTRACTOR.
6.4 Untimely Submission.
6.5 Indemnification.
ARTICLE 7 – RESPONSIBILITIES OF THE CONTRACTOR
7.1 Supervision and Superintendence.
7.2 Labor, Materials, and Equipment.
7.3 Substitute Materials or Equipment.
7.4 Concerning Subcontractors.
7.5 Patent Fees and Royalties.
7.6 Permits.
7.7 Laws and Regulations.
7.8 Use of Premises.
7.9 Record Drawings.
7.10 Safety and Protection
7.11 Emergencies.
7.12 Submittals and Samples.
7.13 Cleaning Up.
ARTICLE 8 – WORK BY OTHERS
ARTICLE 9 – RESPONSIBILITIES OF PSO
ARTICLE 10 – STATUS OF THE PROFESSIONAL
DURING CONSTRUCTION
10.1 PSO’s Representative.
10.2 Visits to the Site.
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10.3 Clarifications and Interpretations.
10.4 Rejecting Defective Work.
10.5 Resident Engineer.
10.6 Decisions on Disagreements.
10.7 Limitations on the Responsibilities of the Professional.
ARTICLE 11 – CHANGES IN THE WORK
ARTICLE 12 – CHANGE OF CONTRACT PRICE
12.1 The Contract Price.
12.2 Cost of Work.
12.3 Fee of CONTRACTOR.
12.4 Cash Allowance.
12.5 Non- Recoverable Items.
ARTICLE 13 – CHANGE OF CONTRACT TIME
ARTICLE 14 – WARRANTY AND GUARANTEE: ACCEPTANCE OF
DEFECTIVE WORK
14.1 Warranty and Guarantee.
14.2 Tests and Inspections.
14.3 Access to the Work.
14.4 Uncovering the Work.
14.5 Stop Work.
14.6 Correction or Removal of Defective Work.
14.7 Acceptance of Defective Work.
14.8 Neglected Work by Contractor
ARTICLE 15 – PAYMENT AND COMPLETION
15.1 Schedule of Values.
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15.2 Draft Payment Requests and Applications for Payment.
15.3 Retainage.
15.4 Warranty of Title of CONTRACTOR.
15.5 Rejection of Applications for Payment by the PSO
15.6 Substantial Completion.
15.7 Partial Utilization.
15.8 Final Completion
15.9 Application for Final Payment.
15.10 Approval of Final Payment.
15.11 Continuing Obligation of the CONTRACTOR.
15.12 Waiver of Claims.
15.13 Liquidated Damages.
ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION
16.1 Suspension of Work.
16.2 Termination of Work
16.3 Cross – Default
ARTICLE 17 – MISCELLANEOUS
ARTICLE 18 – MAINTENANCE OF RECORDS
ARTICLE 19 - APPRENTICES AND TRAINEES
ARTICLE 20 - EQUAL OPPORTUNITY COMPLIANCE PROVISIONS
ARTICLE 21 – ALLOWANCES
21.1 Allowance Categories.
21.2 Authorized Expenditures and Allocations of Time.
21.3 Pricing of Allowance Work.
21.4 Allocation of Contract Time.
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21.5 Disputes as to Price or Time.
ARTICLE 22 – DISPUTE RESOLUTION
22.1 Mediation.
22.2 Governing Law.
22.3 Venue and Jurisdiction.
22.4 Notice of Claim; Contractor Books and Records.
Exhibits to Subpart A:
Exhibit A - PERFORMANCE BOND FORM
Exhibit B - PAYMENT BOND FORM
Exhibit C - CERTIFICATE OF INSURANCE
Exhibit D - ENDORSEMENT
Exhibit E - APPLICATION FOR PAYMENT - FORM 1 - 8
Attachment 1
Attachment 2
Schedule of Values
Exhibit F - CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS
AND CLAIMS
Exhibit G - SUBCONTRACTOR STATEMENT OF SATISFACTION
Exhibit H - CHANGE ORDER FORMS
Exhibit I - CONSENT OF SURETY TO CHANGE ORDER
Exhibit J - ALLOWANCE AUTHORIZATION RELEASE (AAR) FORM
Exhibit K - CONSENT OF SURETY TO FINAL PAYMENT
B. Special Conditions
C. Technical Specifications
Technical Specifications
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Attachments A – E
PART III - BID PROPOSAL
Bid Proposal
Exhibit A - BID BOND FORM
Exhibit B - FLORIDA TRENCH SAFETY ACT CERTIFICATION AND
DISCLOSURE STATEMENT FORM
Exhibit C - CONFLICT OF INTEREST DISCLOSURE FORM
Exhibit D - CERTIFICATION OF UNDERSTANDING (NPDES AND
PPCP)
Exhibit E –CONTRACTOR RESPONSIBILITY SURVEY FOR
ENGINEERING AND CONSTRUCTION SERVICES
PART IV - AGREEMENT
Agreement
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PART I
BIDDING REQUIREMENTS
- INSTRUCTIONS TO BIDDERS -
PROJECT NAME: K9 TRAINING CAMPUS
TECHNICAL SPECIFICATIONS/SCOPE OF WORK: Attachments A – E
PRE-BID CONFERENCE: Wednesday, July 1, 2020 at 1:00 PM Local Time (Optional) Due to
COVID19, if you would prefer to attend virtually, please email [email protected] for a
Microsoft Teams meeting link.
____ Attendance Mandatory
(mark with ‘X’ if applicable)
LOCATION: Pasco County Detention Center, Read-Off Room, 20101 Central Boulevard, Land O’
Lakes, Florida, 34637. Masks will be required for entrance into the Detention Center.
QUESTION DEADLINE: Thursday, July 9, 2020 at 5:00 PM Local Time on a clock designated by
PSO.
RESPONSE DEADLINE: Thursday, July 16, 2020 by 3:00 PM Local Time on a clock designated by
PSO.
RETURN RESPONSES TO: Pasco Sheriff’s Office Purchasing Section, 19415 Central Boulevard,
Land O’ Lakes, Florida, 34637. Fax or email responses will not be accepted.
BID OPENING: Tuesday, July 21, 2020 at 10:00 AM Local Time
PLACE OF BID OPENING: Pasco Sheriff’s Office Purchasing Section, 19415 Central Boulevard,
Land O’ Lakes, Florida, 34637.
1. COMMUNICATIONS DURING SOLICITATION AND LOBBYING PROHIBITION.
1.1 It is strictly prohibited for an offeror to communicate with or lobby evaluation committee members,
Pasco Sheriff’s Office employees, or elected officials (including the duly elected Pasco County
Sheriff) regarding requests for proposals, requests for qualifications, invitations for bids, or contracts.
The term “offeror” shall include the offeror or any member of the offeror's staff, an agent of the offeror,
or any person employed by any legal entity affiliated with or representing an organization that is
responding to the requests for proposal, requests for qualification, bid or contract outside a publicly
noticed meeting specifically called to address this particular Request for Proposals. Nothing herein shall
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prohibit a prospective offeror from contacting the Purchasing Manager to request a public record,
address concerns or grievances, or to receive clarification about a particular procurement.
1.2 For purposes of this provision lobbying activities shall include, but not be limited to, influencing or
attempting to influence action or non-action in connection with any requests for proposals, requests for
statements of qualifications, invitations for bids, related processes or contracts through direct or indirect
oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in
this provision. Such actions may cause any proposal, statement of qualification, bid, contract or any
other response to be rejected.
1.3 The prohibition on communication with Pasco Sheriff’s Office employees (including the duly
elected Pasco County Sheriff) by offerors and their representatives regarding procurement in
which they have pecuniary interest begins upon issuance of the solicitation and ends upon final
award, when a protest is finally resolved or when the procurement process is otherwise concluded,
whichever occurs later. This prohibition does not apply to communication on other matters in which an
offeror may have an interest outside of the solicitation.
2. AMERICANS WITH DISABILITIES ACT
The Pasco Sheriff’s Office (PSO) does not discriminate upon the basis of any individual’s disability
status. This non-discrimination policy involves every aspect of the PSO’s functions. Anyone requiring
reasonable accommodation to review the solicitation or for the public meetings related to any
solicitation should contact Purchasing at 813-235-6011 or [email protected] and, if for a
meeting accommodation, at least twenty-four (24) hours in advance of the meeting.
3. BIDS
3.1 Bid Package. The Instructions to Bidders (Part I), the General Conditions of the Contract (Part II),
the Bid Proposal (Part III), and the Agreement (Part IV), together with all other documents identified in
Article I of the General Conditions of the Contract (Part II), constitute the entire Bid Package, and upon
award, shall constitute the Contract Documents concerning the above-referenced Project. Said Bid
Package must be the basis upon which all Bid Proposals are offered.
One (1) fully completed and executed original Bid Proposal and three (3) copies must be submitted in a
sealed BID NUMBER envelope to the Pasco Sheriff’s Office’s Purchasing Section, along with any other
documentation required by this Bid Package, at the time and place herein specified. BIIDDER shall also
supply two (2) electronic copies of the entire Bid Proposal, one complete copy clearly marked
COMPLETE COPY and one redacted copy (with proprietary and confidential information removed)
clearly marked REDACTED COPY. Electronic copies are preferred on a flash drive; a CD will also be
acceptable. Except for the redacted information, the redacted copy must be identical to the original hard
copies, reflecting the same pagination as the original and showing the space from which information was
redacted. BIDDER shall be responsible for clearly identifying all proprietary/confidential information
and for ensuring the electronic copy is protected against restoration of redacted data. Emailed and faxed
copies are not acceptable.
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Errors in any Bid Proposal submitted may result in the rejection or disqualification of the Bid Proposal.
No BIDDER is required to return the Instructions to Bidders, Conditions of the Contract, or Agreement
with their bids, unless specified elsewhere in this Bid Package. The BIDDER must manually sign the
Bid Proposal in black or blue ink (Part III).
3.2 Prices (Bid Proposals). Prices must be quoted only upon the Bid Proposal form attached hereto and
identified as the Bid Proposal (Part III), and no other Bid Proposals will be accepted. Sealed Bid
Proposals may not be amended or otherwise changed by any writing placed outside the sealed bid
package; except, however, any such written external communication by a BIDDER may be construed by
the PSO as indicating a withdrawal of the proffered, sealed bid to which the communication relates
(thereby causing the BIDDER to have issued no bid for consideration by the PSO). All prices quoted are
to be F.O.B. for the designated Project site in Pasco County, Florida.
3.3 Delivery of Bids. The BIDDER is hereby directed to cause delivery of its Bid Proposal for this
Project to the Pasco Sheriff’s Office Purchasing Section, 19415 Central Boulevard, Land O’ Lakes, FL
34637, prior to the bid opening time, which is specified above. The delivery of said Bid Proposal to the
PSO Purchasing Department, prior to the time and date stated in the preceding sentence, is solely and
strictly the responsibility of the BIDDER. The PSO will in no way be responsible for delays caused by
the United States Postal Service, other carriers, or for delays caused by any other occurrence. All Bid
Proposals must be manually and duly signed by an authorized corporate director or officer, authorized
agent, or authorized partner (as applicable). All Bid Proposals must be marked, on the outside sealed
envelope, with the PROJECT NAME SPECIFIED ABOVE
3.4 Execution of Bids. When a BIDDER is a partnership, the Bid Proposal shall be signed in the name
of the firm and by all partners required to do so under the terms of their partnership agreement. When a
corporation or limited liability company is a BIDDER, the authorized director or officer signing the Bid
Proposal shall set out the legal name of the entity in full, beneath which said director or officer shall sign
his or her name and give the title of his or her office, and the Bid Proposal shall bear the seal of the
corporation. Anyone signing the Bid Proposal as an agent for the BIDDER must file with the Bid
Proposal legal evidence of the authority to do so. A BIDDER that is a corporation, a limited liability
company or a limited partnership shall furnish to PSO a duly certified copy of its permit, certificate of
registration with the Florida Secretary of State, or other authorization, if any, to transact business in the
State of Florida, preferably along with the Bid Proposal, and no later than forty-eight (48) hours after
any request for the same is made by the PSO. In addition, any such authorization must be effective as of
the date of the Bid Proposal. Failure to submit evidence that the BIDDER qualifies to transact business
in the State of Florida as stated above may be the basis for rejection of the Bid Proposal.
3.5 Other Responsibilities of the BIDDER. The BIDDER is solely responsible for reading and
completely understanding the terms, conditions and other requirements of the Contract Documents. The
Bid opening time shall be scrupulously observed. Under no circumstances will Bid Proposals delivered
after the delivery time specified be considered. Late Bid Proposals will not be accepted.
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3.6 Business Name Requirement. The Offeror must provide on the Pricing Form, Offeror/Certification
Form, and if awarded, on all remittance of invoices for payment, the business name that is provided on
their W9 Form. Additionally, if there is a name change and/or EIN number that is changed at any time,
the Offeror must immediately notify the PSO Purchasing Department as to the change and provide all
supporting documentation.
3.7 Withdrawal or Modification of Bids. Bid Proposals may be withdrawn on written or telegraphic
requests dispatched by the BIDDER in time for delivery in the normal course of business prior to the
time fixed for the opening of Bid Proposals; provided, however, that written confirmation of any
telegraphic withdrawal over the signature of the BIDDER is deposited with the United States Postal
Service, postage pre-paid for first class or express mail delivery, and postmarked prior to the time set for
the opening of Bid Proposals. Except as specifically provided herein, no BIDDER may modify a bid
after the appointed bid opening time. Negligence on the part of the BIDDER in preparing its Bid
Proposal confers no right of withdrawal or modification of its Bid Proposal after PSO staff has opened
such Bid Proposal at the appointed time and place. BIDDERS may not withdraw or modify their Bid
Proposals after the appointed Bid Proposal opening time. Said Bid Proposals and any bid security shall
be in force for a period of not less than ninety (90) days after the bid opening time. Further, said bid
security and Bid Proposal shall continue in force after said period of ninety (90) days, until thirty (30)
days following the date of receipt by the PSO of written notice from the BIDDER of its intent to
withdraw its Bid Proposal, or until the date specified in said written notice as the expiration date of the
Bid Proposal, whichever is later. The aforementioned bid security or Bid Proposal times will remain in
effect irrespective of whether an award has theretofore been made by PSO. Notwithstanding the
provisions of the preceding sentence, the BIDDER may extend its Bid Proposal at any time prior to the
scheduled expiration thereof. BIDDER may not assign or otherwise transfer their Bid Proposals prior to,
or after, the Bid Proposal opening time.
3.8 Opening of Bids. At the time and place fixed for the opening of Bid Proposals (see above), every
Bid Proposal properly delivered within the time fixed for receiving Bid Proposals will be opened and
publicly read aloud, irrespective of any irregularities found therein. Any BIDDER and other persons
interested may be present or represented.
3.9 Power of Attorney. Attorneys-in-fact who sign bonds or other surety instruments must attach with
each bond or surety instrument an effective and certified power of attorney.
3.10 Interpretation of Contract Documents. No interpretation of the meaning of the
Drawings, Specifications, or other Contract Documents will be made to, or if made may be relied upon
by, any BIDDER except as expressly noted below. Every request for such interpretation must be in
writing, addressed to the Purchasing Manager, and emailed to [email protected]. To be
given consideration, such requests must be received prior to the question deadline as set by the
solicitation. Any and all such interpretations and any supplemental instructions will be in the form of a
written addendum which, if issued, will be posted at the Pasco Sheriff’s Office Purchasing Section, and
on the Pasco Sheriff’s Office’s public website under CITIZEN RESOURCES RESOURCES
VENDOR RESOURCES and sent to each prospective BIDDER, at the respective addresses furnished
for such purposes not later than five (5) days prior to the bid opening date. If requested, a copy may be
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obtained by the prospective BIDDER or its representative at the Pasco Sheriff’s Office Purchasing
Section 19415 Central Boulevard, Land O’ Lakes, FL 34637. Failure of any BIDDER to acknowledge
any such addendum or interpretation shall not relieve said BIDDER from any obligation imposed in
such addendum. All addenda so issued shall become part of the Contract Documents when the PSO has
provided addenda within the time frame stated above. No oral statement of any person shall modify or
otherwise affect the terms, conditions, or specifications of this solicitation.
3.11 Site Examination. Before submitting a Bid Proposal, every BIDDER must carefully examine the
site of the proposed Work and make all necessary investigations to inform themselves thoroughly as to
all difficulties involved in the completion of all Work required pursuant to the mandates and
requirements of this bid package. No pleas of ignorance of conditions or difficulties that may exist prior
to the bid opening time, or of conditions or difficulties that may be encountered in the execution of the
Work pursuant to this bid package as a result of a failure to make necessary and reasonable
examinations and investigations, will be accepted as an excuse for any failure or omission on the part of
the successful BIDDER (i.e., the CONTRACTOR) to fulfill, in every detail, all of the requirements of
the Contract Documents, nor will they be accepted as a basis for any claims whatsoever for extra
compensation, or for any extension of time.
3.12 Confidential, Proprietary Information, or Trade Secrets. PSO will use reasonable efforts to
protect the secrecy and confidentiality of and avoid disclosure or use of confidential or proprietary
information or trade secrets, as defined in Florida Statute. In the event of dissemination, disclosure, or
use of confidential or proprietary information or trade secrets information which is not permitted, PSO
shall notify the other party promptly in writing and will use reasonable efforts to assist the other party in
minimizing the damage resulting from an unauthorized disclosure. PSO shall notify BIDDER of any
requests for information so designated and BIDDER shall bear the costs of any litigation which arises
out of a dispute whether such information qualifies as confidential or proprietary information or trade
secrets. If BIDDER is informed of a request for information which it has claimed to be confidential or
proprietary information or trade secrets and it does not promptly respond, then the PSO shall deem that
BIDDER has abandoned its claim of the information being a confidential or proprietary information or
trade secrets and disclose the documentation according to a public records request pursuant to Florida
Statute 119.07. In the event BIDDER should assert any proprietary, confidential, or trade secret status to
any of its systems, methods, procedures or written materials and other controls employed by BIDDER in
the performance of its obligation pursuant to this Agreement, then BIDDER shall assert such claim on
its own, and shall defend and hold harmless the Pasco Sheriff’s Office, the Sheriff, the Sheriff’s
employees, officers, appointees and agents against all liabilities for BIDDER’s failure to comply with
the requirements of the law with regard to the release of records. BIDDER’s Confidential Information
and/or Trade Secret information shall not be disclosed by PSO to any third party except as permitted
under this Agreement or as required by law subject to compliance with the procedure set forth in this
Article.
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BIDDER shall be responsible for clearly identifying all proprietary/confidential information/trade
secrets in its bid documents as specified and for ensuring the submitted electronic copies are protected
against restoration of redacted data.
4. CONTRACTOR LICENSING, REGISTRATION, AND CERTIFICATION
4.1 Each BIDDER shall be properly licensed, registered, and/or certified, as necessary or otherwise
appropriate, by the State of Florida, Pasco County, and/or any municipality in Pasco County, for each
category of Work specified in this bid. The PSO reserves the right to request copies of such licenses,
registrations or certifications.
4.2 For categories of work that are exempt from licensing, registration, and/or certification requirements
under Florida Statute, but where certification by the Florida Department of Transportation is available,
the BIDDER shall be certified by the Florida Department of Transportation in each category, as
necessary or otherwise appropriate.
4.3 All required licenses, registrations, and/or certifications must be current and effective as of the Bid
Opening date and must be maintained throughout the life of the contract. Failure to be properly licensed,
registered, and/or certified as of the Bid Opening date will result in rejection of the bid as non-
responsive, and at any other time during the life of the contract shall constitute sufficient grounds for a
declaration by the PSO that the CONTRACTOR is in default and for termination of the contract for
cause by the PSO.
5. OFFICIAL DOCUMENTS
PSO is not responsible for expenses incurred prior to award. PSO officially distributes solicitation
documents through an online bid system Demand Star at www.demandstar.com. Solicitation documents
may be downloaded at NO COST using this system. Solicitation documents may also be obtained from
the Pasco Sheriff’s Office’s public website www.PascoSheriff.com under CITIZEN RESOURCES
RESOURCES VENDOR RESOURCES. Copies of solicitation documents obtained from other
sources are not considered official and should not be relied upon. PSO is not responsible for solicitation
documents obtained from sources other than Demand Star or our public website. Vendors are
responsible for acquiring knowledge of changes, modifications, or additions to official solicitation
documents. Vendors who submit responses and later claim they did not receive complete documents or
had no knowledge of any change, modifications, or additions made to the official solicitation documents
shall still be bound by the solicitation, including any changes, modifications, or additions to the official
solicitation documents. IF YOU OBTAINED A SOLICITATION DOCUMENT FROM A
SOURCE OTHER THAN THE DEMANDSTAR ONLINE BID SYSTEM OR THE PASCO
SHERIFF’S OFFICE PUBLIC WEBSITE, IT IS HIGHLY RECOMMENDED THAT YOU
REGISTER AS A VENDOR AND DOWNLOAD THE OFFICIAL DOCUMENT AT
WWW.DEMANDSTAR.COM OR FROM OUR PUBLIC WEBSITE
WWW.PASCOSHERIFF.COM AT NO COST.
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6. CONFLICT OF INTEREST
The Bidder, by submission of its Bid Proposal, certifies that to the best of his/her knowledge or belief,
no elected/appointed official or employee of PSO is financially interested, directly or indirectly, in the
offer of goods or services specified in this invitation.
7. DEBARMENT
By submitting a Bid, the Bidder certifies that it is not currently debarred from submitting bids for
contracts issued by any political subdivision or agency of the State of Florida and that it is not an agent
of a person or entity that is currently debarred from submitting bids for contracts issued by any
subdivision or agency of the State of Florida.
8. LOCAL BUSINESS PREFERENCE
A business qualifies as “Local Business” if it meets the following requirements and is: a) a vendor,
supplier, or contractor who does business in Pasco County by providing goods, services, or construction;
and b) maintains a physical business address located within the jurisdictional limits of Pasco County in
an area zoned for the conduct of such business; and c) the vendor, supplier or contractor operates or
performs business on a daily basis at said location; and d) has so operated or performed business at that
location for at least twelve (12) months prior to the Bid or Proposal opening date; and (e) includes a
copy of their local business tax receipt with their Bid or Proposal. Post office boxes shall not be used for
the purpose of establishing said physical address. The justification for the application of a local
preference to a particular Bidder must be included as part of any written quotation, Proposal or sealed
Bid along with a copy of the Bidder’s local business tax receipt at the time of submission.
In bidding for, or letting contracts or procurement of goods, services or construction, as described
herein, the Pasco Sheriff’s Office may give a preference to Local Businesses (unless otherwise
precluded by the ordinance, state or federal law) as described below:
(i) When written quotations or sealed bids are received that do not exceed $1,000,000.00, and the
lowest price is offered by a vendor that is not a Local Business, and the next lowest price is
offered by a Local Business, and is within 10% of the lowest price offered, then the Local
Business shall be given the opportunity to match the lowest price offered, and if agreement to
match the lowest price is reached, the Local Business will be awarded the quotation or bid if the
Local Business is otherwise fully qualified and meets all requirements of the solicitation.
(ii) When sealed bids are received that are greater than $1,000,000.00, and the lowest price is
offered by a business that is not a Local Business, and the next lowest price is offered by a Local
Business, and is within 5% of the lowest price offered, then the Local Business shall be given the
opportunity to match the lowest price offered, and if agreement to match the lowest price is
reached, the Local Business will be awarded the quotation or bid if the Local Business is
otherwise fully qualified and meets all County requirements.
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(iii) The total quote or bid price shall include not only the base bid price, but also all alterations
to the base bid price resulting from alternates which were both part of the bid and that will be
actually purchased or awarded by PSO.
If two or more identical quotations or bids are received at the time the written quotations or sealed bids
are opened, the award shall be made to the responsive, responsible “Local Business” as defined herein.
The preference established in this section does not prohibit the right of PSO to compare quality or
fitness for use of supplies, materials, equipment and services proposed for purchase and compare
qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids
or proposals nor prohibit the PSO from giving any other preference permitted by law in addition to the
preference authorized in this section.
9. COLLUSION AMONG BIDDERS
Each Bidder, by submitting a bid, certifies that it is not a party to any collusive action or any action that
may be in violation of the Sherman Antitrust Act. Any or all bids shall be rejected if there is any reason
for believing that collusion exists among the bidders. PSO may or may not, at its discretion, accept
future bids for the same work from participants in such collusion. More than one (1) bid from an
individual, firm, partnership, cooperation, or association under the same or different names may be
rejected. Reasonable grounds for believing that a Bidder has interest in more than one (1) bid for the
work being bid may result in rejection of all bids in which the bidder is believed to have interest.
Nothing in this clause shall preclude a firm acting as a subcontractor to be included as a subcontractor
for two (2) or more primary contractors submitting a bid for the work.
10. TAXES
The attention of the BIDDER is directed to the fact that the tax laws of the State of Florida, including
but not limited to Chapter 212, Florida Statutes, apply to this bid matter, and that all applicable taxes and
fees shall be deemed to have been included in Bid Proposal of the BIDDER. However, PSO is a tax
exempt organization and will provide a tax exempt certificate upon request.
11. BID ERRORS
The BIDDER should initial erasures or corrections in any Bid Proposal in ink. PSO shall reject any Bid
Proposal with such erasures or corrections where PSO staff concludes it cannot determine with certainty
the accuracy or intent of said Bid Proposal, as corrected In the case of unit price contracts, if an error is
committed in the listed price of an item, the Contractor shall be bound by the lower of the unit price as
shown in the Bid Proposal or Contractor’s stated price. Unit prices will be utilized to adjust the total
compensation due the successful BIDDER based on actual quantities encountered. No negotiation of
these unit prices after contract award will be allowed. Significant changes in quantities, including total
deletions, are possible. Therefore, each BIDDER shall proportionately distribute overhead and profit
across the unit prices.
12. DEVIATIONS
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No material deviations or exceptions shall be accepted with the Bid Proposal. This shall not preclude the
proposal of substitute brand names, pursuant to paragraph 14 below.
13. CONDITION OF MATERIALS AND PACKAGING
In instances where the Specifications make this subject applicable (and unless otherwise indicated), all
goods and items offered for sale and/or shipped by the successful BIDDER pursuant to the requirements
imposed upon said BIDDER by this bid package, will be new and of good quality; all related containers
being new and suitable for storage and shipment; and all prices shall include the cost of standard
commercial packaging. The successful BIDDER shall be solely responsible for making any and all
claims against carriers as concerns missing or damaged items.
14. BRAND NAMES, REQUESTED INFORMATION, AND DESCRIPTIVE LITERATURE
In instances where the Contract Documents make this subject applicable, any use therein of brand
names, manufacturer's makes, trade names, information and/or catalog numbers are so used for the
purpose of providing description and for establishing acceptable quality levels. Such references are not
intended for the purpose of placing restrictions upon a BIDDER (other than as to quality), and any
BIDDER may propose and describe brands believed to be equal or better than the otherwise-specified
brand. The burden of proof that the brand proposed by the BIDDER is in fact equal to that referenced in
the Contract Documents lies exclusively with the BIDDER. In the event that either PSO staff or the
Professional determines that the equal proposed by the BIDDER does not meet the specifications, the
successful BIDDER shall be required to provide the named brand item, or an equal acceptable to PSO,
at no additional cost to PSO.
Each BIDDER must furnish all requested information in the spaces provided on the Bid Proposal (Part
III). Additionally, where required pursuant to the provisions of this bid package, each BIDDER must
submit the following with their Bid Proposal: catalog cuts, sketches, descriptive literature, and/or
complete specifications relative to the items proposed and offered. References to previously submitted
material concerned with previous Bid Proposals are not acceptable to PSO.
15. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT
All material, equipment, etc., as proposed and offered by a BIDDER, in instances where applicable due
to the nature of the bid matter with which this bid package is concerned, must meet and conform to all
O.S.H.A. requirements as set forth in Subpart E of the O.S.H.A. Standards for Construction (29 CFR
1926), as amended. The signature of the BIDDER or of the authorized representative thereof upon the
Bid Proposal (Part III) shall constitute certification of such fact.
16. TIME IS OF THE ESSENCE; LIQUIDATED DAMAGES
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Each BIDDER is reminded that time is of the essence of this Agreement, and failure to complete the
Work on time shall constitute a material breach of the Agreement, the basis for a determination of the
default of the CONTRACTOR, and termination of the Agreement for cause. If the Contract Documents
so indicate, an amount determined for liquidated damages at the daily rate specified shall be assessed
against the successful BIDDER not complying with a stated delivery time or performance time (or
similarly stated information) as found in the Agreement (Part IV).
17. ASSIGNMENT OF THE CONTRACT
No successful BIDDER may make any assignment of any resulting Agreement between the parties, in
whole or in part, without the prior written authorization of the PSO, which authorization shall remain the
exclusive option of the PSO or its designee.
18. AWARD OF CONTRACT; REJECTION OF BIDS
Consideration for award will be by proximity to specifications given, costs, time of delivery, and other
factors deemed by the PSO to be appropriate. Complete and accurate responses to all items are
necessary for the complete and fair evaluation of Quotes. Additional factors that may be considered
include, but are not limited to, the expected life of equipment, output, maintenance, consumption costs,
disposal value, warranty, and complexity of operation, required training, and other factors that may
contribute to the overall cost of ownership. In determining the responsibility of vendors, past
performance, references, documented experience, financial capability, and other reasonable factors will
be considered. The PSO reserves the right to award by whatever manner is deemed to be in PSO’s best
interest.
The selected BIDDER will be so notified by PSO staff, and shall be required, upon receiving such
notice, to complete the Contractor Responsibility Survey form and provide all information and
documentation requested therein. If, after reviewing the responsibility survey and accompanying
submissions, the PSO elects to reject the selected bidder based on its responsibility evaluation, the PSO
may perform the same responsibility evaluation, in succession, with each apparent next selected bidder
until the contract is awarded to a suitable candidate or withdrawn.
No award of the contract shall be made until the BIDDER who has received from the PSO a Notice of
Intent to Award has submitted to PSO a performance bond, payment bond, and any and all insurance
certificates and such other further documentation as may be required by PSO as a condition precedent to
such an award.
A Bid Proposal may be rejected upon the failure of a selected BIDDER to provide to PSO in a timely
fashion any such required documentation. The PSO, in its sole discretion, reserves the right to reject any
and all Bid Proposals and to waive any informality concerning Bid Proposals whenever such rejection or
waiver is deemed by the PSO to be in the best interests of the PSO. Likewise, PSO reserves the right to
reject the Bid Proposal of any BIDDER that has previously failed to perform properly, or to complete on
time, contracts of a similar nature; that is not, or does not appear to the satisfaction of PSO, in a position
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to perform the contract; or that has habitually, and without just cause, neglected the payment of bills or
otherwise disregarded its obligations to subcontractors, material men, or employees.
The ability of a BIDDER to obtain a performance bond or a payment bond shall not be regarded as the
sole test of the competency or responsibility of any BIDDER. In those situations where the selected bid
exceeds the PSO’s budget amount, the PSO reserves the right to purchase by negotiation.
19. EXECUTION OF WRITTEN CONTRACT
The BIDDER receiving from PSO a Notice of Intent to Award will be required to sign and submit to
PSO, within ten (10) days after the issuance of said notice, a written agreement that has been made a
part of this bid package and identified as the Agreement (Part IV). Said written agreement will evidence
in written form the contract to be made by PSO following award by PSO to the successful BIDDER. For
Projects involving funds from DEP, EPA, or involving state or federal funds, or a state appropriation,
the ten (10) day period will not begin to run until after PSO has received approval of the award by the
applicable awarding state/federal agency or DEP and/or EPA, as applicable. The Contract shall be
contingent upon the timely provision by the BIDDER to PSO of all documentation required by these
contract documents, and may be unilaterally terminated by PSO for cause upon the failure of the
BIDDER to supply said bonds, insurance certificates and other required documentation within the time
frames set forth in the Contract Documents.
20. BID BONDS AND OTHER BID SECURITIES
A bid bond or other security is required with this bid. Either cash, a certified check, a cashier's check, an
irrevocable letter of credit or in the alternative, a Bid Bond completed and signed by all required parties
shall be required to accompany each Bid Proposal in a stated dollar amount which equals not less than
five percent (5%) of the sum of the computed total amount of the Bid Proposal of the BIDDER. The
preferred Bid Bond format is provided at Exhibit A to the Bid Proposal (Part III). Any submitted
certified check, cashier's check, or irrevocable letter of credit submitted in lieu of a bid bond shall be
drawn on a solvent bank or trust company authorized to do business in Florida, payable to the order of
the Pasco Sheriff’s Office, and shall have all necessary documentary revenue stamps attached, if
required by law. Sureties on Bid Bonds shall be companies authorized to do business in the State of
Florida; all such bonds shall be issued or countersigned by a local producing agent who is licensed in the
State of Florida and satisfactory evidence of the authority of the person or persons executing such bonds
shall be submitted with the bond. Personal and corporate checks are not acceptable to PSO. Any
deviation from these requirements may result in rejection of a bid as non- responsive.
21. PERFORMANCE BOND AND PAYMENT BOND
[X] A Performance Bond and Payment Bond will be required regardless of the award amount of this
Agreement.
[ ] A Performance Bond and Payment Bond will be required on this Agreement only if the amount of
award is Two Hundred Thousand Dollars and No Cents ($200,000.00) or greater.
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The Performance Bond shall be issued in a sum equal to one hundred percent (100%) of the total
awarded contract amount by a surety company considered satisfactory by PSO and authorized to transact
business in the State of Florida, and shall be provided by the successful BIDDER for purposes of
insuring the faithful performance of the obligations imposed by the resulting contract. The Payment
Bond shall be issued in a sum equal to one hundred percent (100%) of the total awarded contract amount
by a surety company considered satisfactory by PSO and authorized to transact business in the State of
Florida, and shall be provided by the successful BIDDER for purposes of protecting PSO from lawsuits
for non-payment of debts as might be incurred during the performance by the successful BIDDER under
such contract. The Performance Bond and Payment Bond forms have been included in the Contract
Documents as Exhibits A and B in Part II, and said forms must be properly executed by the surety
company and the successful BIDDER and submitted to PSO staff within ten (10) days after issuance of
Notice of Intent to Recommend Award by the PSO PURCHASING MANAGER. In lieu of the bonds
required by this section, the successful BIDDER may file with PSO an alternative form of security that
shall be in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit, or
a security of the type listed in Part II of Chapter 625, Florida Statutes. Such alternative forms of security
shall be for the same purpose and shall be subject to the same conditions as those applicable to the bonds
required by this section. The determination of the value and acceptability of such alternative forms of
security shall be made exclusively by PSO.
22. SECURITY FORFEITURE
If within ten (10) days after the issuance of the Notice of Intent to Recommend Award, the successful
BIDDER refuses, or otherwise neglects, to execute and deliver the required Agreement, or fails to
furnish the required Performance and Payment Bonds, or acceptable alternative forms of security as
stipulated herein, or any required insurance certification, the amount of the bid security provided by said
BIDDER, whether cash, check, Bid Bond, or some other acceptable form, or any combination of these,
may be forfeited, and the BIDDER shall be excluded from further consideration for award of the bid. No
plea of mistake in the bid or misunderstanding of the conditions of forfeiture shall be available to the
BIDDER for the recovery of its bid security, or as a defense to any action based upon the neglect or
refusal to execute the required Agreement, and/or to furnish the required bonds and /or applicable
insurance certification.
23. LAWS AND REGULATIONS
All applicable Federal, State, and local laws, ordinances, rules and regulations shall apply to this
Agreement throughout, and they will be deemed to be included in the Agreement as though herein
written. Florida law will govern all questions concerning implementation and execution of this contract
and shall also be controlling in any cause of action brought pursuant to this contract. Venue shall be in
Pasco County, Florida or the Middle District of Florida, Tampa Division. Except as outlined herein, in
the event of a dispute, each Party is responsible for their own attorney’s fees and costs.
24. CONTRACTUAL OBLIGATIONS
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The successful BIDDER may not sublet or subcontract any of the contractual obligations concerning this
bid matter except as provided for in the written contract between PSO and the CONTRACTOR. This
statement does not prohibit subcontracting of the Work but does prohibit subcontracting overall
management obligations pertaining to the Work, or any substantial component thereof, and not more
than eighty percent (80%) of the Work, as measured against the Bid Price, shall be subcontracted under
any circumstances. This limitation on subcontracting shall not apply to any aspect of the Work that
involves the supply of equipment or materials alone. The CONTRACTOR shall retain ultimate liability
for all contractual obligations.
25. LACK OF FUNDING
All funds for payment by the PSO under the resulting contract are subject to the availability of donated
funds for this purpose to the PSO. In the event sufficient funds are not donated for the construction of
the K9 Training Campus, the PSO will terminate the contract, without termination charge or other
liability. If at any time funds are not donated for the continuance of this contract, cancellation shall be
accepted by the Consultant on thirty (30) days' prior written notice, but failure to give such notice shall
be of no effect and PSO shall not be obligated under this contract beyond the date of termination.
END OF SECTION
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PART II
CONDITIONS OF THE CONTRACT
A. GENERAL CONDITIONS
ARTICLE 1 – CONTRACT DOCUMENTS
Except for Titles, Subtitles, Headings, Running Headings, Table of Contents, and Indices (all of which
are printed herein merely for convenience), the following, except for such portions that may be
specifically excluded, constitute the Contract Documents:
1.1 BIDDING REQUIREMENTS – INSTRUCTIONS TO BIDDERS
1.2 CONDITIONS OF CONTRACT
A. GENERAL CONDITIONS EXHIBITS TO SUBPART A:
Exhibit A: PERFORMANCE BOND FORM
Exhibit B: PAYMENT BOND FORM
Exhibit C: CERTIFICATE OF INSURANCE
Exhibit D: ENDORSEMENT
Exhibit E: APPLICATION FOR PAYMENT – FORM
Attachment 1 – Disputes viz. prior application
Attachment 2 – Disputes viz. current application Schedule of Values
Exhibit F: CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBT AND CLAIMS
Exhibit G: SUBCONTRACTOR WAIVER OF LIEN AGAINST PAYMENT BOND
(PROGRESS AND FINAL)
Exhibit H: CHANGE ORDER FORM
Exhibit I: CONSENT OF SURETY TO CHANGE ORDER
Exhibit J: ALLOWANCE AUTHORIZATION RELEASE (AAR) FORM
Exhibit K: CONSENT OF SURETY TO FINAL PAYMENT
A. SPECIAL CONDITIONS
B. TECHNICAL SPECIFICATIONS
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1.3 BID PROPOSAL (including documentation accompanying the Bid and any post-Bid
documentation submitted prior to the Notice to Apparent Low Bidder)
Exhibit A: Bid Bond Form
Exhibit B: FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE
STATEMENT FORM
Exhibit C: CONFLICT OF INTEREST DISCLOSURE FORM
Exhibit D: CERTIFICATION OF UNDERSTANDING (NPDES AND PPCP)
Exhibit E: CONTRACTOR RESPONSIBILITY SURVEY FOR ENGINEERING AND
CONSTRUCTION SERVICES
1.4 AGREEMENT
1.5 The Executed Bid, Payment and Performance Bonds.
1.6 All Addenda Issued by PSO.
1.7 The original Specifications and Drawings.
1.8 All Supplemental Drawings Issued After Award of the Agreement.
1.9 All Field Orders, AARs, and/or Change Orders issued after Award of the
Agreement.
1.10 Site Examination
ARTICLE 2 – DEFINITIONS
The following words and expressions shall, wherever they appear in the Contract Documents be
construed as follows.
2.1 Addenda. Written or graphic instruments issued prior to the opening of Bids that clarify, correct, or
change the Contract Documents.
2.2 Agreement. The principal written agreement between PSO and the CONTRACTOR that, along with
other Contract Documents, sets forth the respective rights and obligations of the parties. The Agreement
will be attached to and made a part of these Contract Documents as Part IV thereof.
2.3 Allowance Authorization Release (AAR). The written pre-approval of the Pasco Sheriff’s Office’s
designee for Allowance Work.
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2.4 Allowance Work. That additional or revised work described in Article 21 of this Part II of the
Contract Documents.
2.5 Application for Payment. The formal written request of a CONTRACTOR for a payment, which is
to include such supporting documentation as may be required by the Contract Documents and which is
to be submitted on the most recent PSO-approved form.
2.6 Beneficial Occupancy. The status of completion of a specified portion of the Project which (in the
opinion of the DIRECTOR, upon recommendation by the PROJECT MANAGER, as evidenced by a
Certificate of Beneficial Occupancy) is sufficiently complete, in accordance with the Contract
Documents, so the PSO may utilize that portion for the purposes for which it was intended, when said
use will not significantly interfere with the construction of the remaining (uncompleted) part of the
Project.
2.7 Bid Proposal. The offer or proposal of the BIDDER submitted on the prescribed form setting forth
the price(s) for the Work to be performed.
2.8 Bidder. Any natural person, partnership, corporation, limited liability company, or any other legal
entity submitting a Bid Proposal for the Work.
2.9 Bonds. Bid, Performance, Payment, Warranty Bonds, and other instruments of security furnished by
the CONTRACTOR and the SURETY for the CONTRACTOR in accordance with the Contract
Documents.
2.10 Change Order (CHOR). A written order signed by the Pasco County Sheriff’s or his designee
authorizing an addition, deletion or revision in the Work or an adjustment in the Contract Price or the
Contract Time issued after execution of the Agreement.
2.11 Contract Documents. The Agreement between the parties and all other documents delineated in
Article I of Subpart A of this Part II of the Conditions of the Contract.
2.12 CONTRACTOR. The successful BIDDER, whether a natural person, partnership, corporation,
limited company, or any other legal entity or combination thereof, with whom the PSO has entered into
the Agreement.
2.13 Contract Price. The total monies payable by PSO to the CONTRACTOR under the Contract
Documents.
2.14 Contract Time. The number of calendar days stated in the Agreement for Completion of the Work
and for performance of any Allowance Work hereunder, as amended by one or more approved Change
Orders. The first day of the Contract Time shall be the date the Sheriff of Pasco County executes the
Agreement (Part IV) on behalf of the PSO, unless otherwise specified in the Contract Documents.
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2.15 Cost of Work. With respect to Change Orders, the costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the change order work, as delimited and restricted by
Article 15 of this Part II of the Contract Documents.
2.16 Day. One calendar day when used in the Contract Documents, measured from midnight to the next
midnight, unless specified as a business day, in which case the term shall exclude Saturdays, Sundays,
and holidays for which PSO administration offices are closed for business during any given calendar
year.
2.17 Defective. An adjective which, when modifying the Work, refers to Work that is unsatisfactory,
faulty, deficient or otherwise does not conform to the Contract Documents.
2.18 DEPARTMENT. Except as otherwise modified, a term that refers to the Bureau, Division, or
Section of the PSO that is overseeing the Project. Department: Operational Readiness Division
2.19 DIRECTOR. Except as otherwise modified, a term that refers to the PSO designee initiating and
managing the Project or the authorized designee thereof. Director: Captain Justin Ross
2.20 Draft Payment Request. The draft of an Application for Payment, utilizing the most current PSO-
approved Application for Payment form and designated by the word “DRAFT” in the top-right corner of
each page thereof, submitted by a CONTRACTOR to the PROJECT MANAGER in advance of, and as
a condition precedent to, the submission by the CONTRACTOR of the Application for Payment, for the
purpose of identifying and resolving possible errors which could cause any or all amounts of the
Application for Payment to be rejected as disputed pursuant to the Florida Prompt Payment Act, Florida
Statutes Section 218.735.
2.21 Drawings. The drawings that show the character and scope of the Work to be performed and which
have been prepared or approved by the PROFESSIONAL.
2.22 Equal/Equivalent. A product, service, component or system that is demonstrated to the
satisfaction of the DIRECTOR, upon the recommendation of the PROJECT MANAGER, to be equal to
the product service, component or system specified. The DIRECTOR shall be the sole judge of
acceptability of a proposed Equal/Equivalent.
2.23 Field Order (FO). A written direction to the CONTRACTOR from the PROFESSIONAL that
modifies Drawings and Specifications without changing Contract Price or Contract Time.
2.24 Final Acceptance. The acceptance of the Work by PSO as evidenced by the signature of the
PROJECT MANAGER and the DIRECTOR upon the Certificate of Final Completion form. Final
Acceptance shall be deemed to have taken place only if and when such signature is affixed to such
certificate. The Certificate of Final Completion shall be signed only after the PROJECT MANAGER
and the DIRECTOR have assurance by tests, inspection, or otherwise that all of the provisions of the
Contract Documents have been carried out. Final Acceptance may also require inspection by certain
regulatory agencies.
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2.25 Final Total Bid Price. The ultimate bid price to be used by PSO in its determination of the best
Bid Proposal, which shall be calculated by PSO based on the Total Bid Price submitted by a BIDDER
and which may include the addition or deletion of Alternates included in the Alternate Bid Schedule
submitted by the BIDDER in the Bid Proposal, as well as any allowances established and approved by
PSO. Upon acceptance and award of the bid, the Final Total Bid Price shall form the basis for the initial
Contract Price.
2.26 Final Completion. The status of completion of the Work such that, in the opinion of the
DIRECTOR, upon the recommendation of the PROJECT MANAGER, as evidenced by a definitive and
duly executed Certificate of Final Completion, all Work has been completed in accordance with the
General Documents, and there remain no outstanding and unfinished Punch List items.
2.27 Non-conformance Report (NR). A written notice from the PROJECT MANAGER to the
CONTRACTOR reporting on an aspect of defective work requiring the immediate correction of the
same by the CONTRACTOR.
2.28 Notice. Any notice required or permitted by the Contract Documents. Said Notice shall be in
written form. Notice shall be served upon the CONTRACTOR at the place of business given in the
Contract Documents. Notice to PSO shall be served to the DIRECTOR at 7432 Little Road, New Port
Richey, FL 34654 and copy to PSO General Counsel at 8700 Citizens Drive, New Port Richey, FL
34654.
2.29 Notice to Proceed (NTP). The written notice issued to the CONTRACTOR by the PROJECT
MANAGER, upon the instructions of the DIRECTOR, to begin the Work.
2.30 Notice of Suspension. The written notice issued to the CONTRACTOR by the PROJECT
MANAGER, upon the instructions of the DIRECTOR, to suspend the Work pursuant to paragraph 16.1
of Article 16 of this Part II of the Contract Documents.
2.31 Notice of Termination. The written notice issued to the CONTRACTOR by the PROJECT
MANAGER, upon the instructions of the DIRECTOR, to terminate the Work for reasons other than the
convenience of the PSO, pursuant to paragraph 16.2 of Article 16 of this Part II of the Contract
Documents.
2.32 Notice of Termination of Convenience. The written notice issued to the CONTRACTOR by the
PROJECT MANAGER, upon the instructions of the DIRECTOR, to terminate the Work for the
convenience of PSO pursuant to paragraph 16.2.3 of Article 16 of this Part II of the Contract
Documents.
2.33 Notice to Selected Bidder. The written notice issued by PSO to the selected BEST VALUE
BIDDER, directing said BIDDER to complete the Contractor’s Responsibility Survey (Part III – Exhibit
F) and execute and submit the Agreement (Part IV) for possible submission to the PSO.
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2.34 Pasco Sheriff’s Office (PSO). The law enforcement agency in Pasco County led by the duly
elected Sheriff of Pasco County.
2.35 Pay Quantity. When applicable, the estimated quantity multiplied by the unit price for each pay
item specified in the Bid Proposal (Part III).
2.36 Professional. The professional architectural/engineering firm designated to perform the design
and/or resident engineer services for the Work by a prior agreement entered into between PSO and said
firm. PROFESSIONAL: Livestone Consulting, 2901 W Busch Blvd #204B, Tampa, FL 33618, 813-
345-2612
2.37 Project. The total construction activities comprising the Work to be provided under the Contract
Documents, in whole or in part as indicated elsewhere in the Contract Documents.
2.38 Project Manager (PM). A natural person employed or contracted by PSO and assigned to manage
and administer the Project that is the subject of the Contract Documents. The PROJECT MANAGER
may designate in writing a PROJECT REPRESENTATIVE to perform certain duties and
responsibilities as maybe set forth in the Special Conditions. Project Manager: Construction
Supervisor Karl Crawford
2.39 Project Representative (PR). A natural person employed by PSO and designated in writing by the
PROJECT MANAGER, with the written concurrence of the DIRECTOR, to perform certain duties and
responsibilities as set forth in the Special Conditions.
2.40 Punch List. A detailed list of Work remaining after Substantial Completion prepared or approved
by the PROJECT MANAGER with the consent of the DIRECTOR that the CONTRACTOR must
complete to achieve Final Completion and a prerequisite to Final Acceptance.
2.41 Schedule. A plan for performing Work or achieving an objective.
2.42 Schedule of Values. A statement furnished by the CONTRACTOR to PSO reflecting the portions
of the Contract Price sum allotted for the various parts of the Work and used as the basis for reviewing
the applications of the CONTRACTOR for progress payments.
2.43 Sheriff. The duly elected Sheriff of Pasco County.
2.44 Site. The area(s) on which the operations of the CONTRACTOR are carried out and such other
adjacent areas that may be designated as such by the Contract Documents.
2.45 Specifications. Those portions of the Contract Documents consisting of written (general or
detailed) technical descriptions of materials, equipment, construction systems, standards, and
workmanship as applied to the Work and certain administrative details applicable thereto.
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2.46 Subcontractor. Any natural person, partnership, corporation, limited liability company, or other
legal entity or combination thereof, other than employees of the CONTRACTOR, who contracts with
the CONTRACTOR to furnish labor, materials, and/or equipment for the Work.
2.47 Submittals. All drawings, diagrams, illustrations, schedules, samples, test results, and other data
which are specifically prepared by a CONTRACTOR, SUBCONTRACTOR, manufacturer, fabricator,
supplier, or distributor to illustrate some portion of the Work and all such illustrations, brochures,
standard schedules, performance charts, instructions, diagrams, and other information submitted by
CONTRACTOR to illustrate material or equipment for some portion of the Work.
2.48 Substantial Completion. The status of completion of the Work which, in the opinion of the
DIRECTOR, upon recommendation of the PROJECT MANAGER, as evidenced by a definitive
Certificate of Substantial Completion, is sufficiently complete, in accordance with the Contract
Documents, so that the Work can be utilized for the purposes for which it was intended. All tests reports
required to verify the Project’s compliance with the Contract Documents must be provided as a
condition precedent to the PSO’s issuance of a Certificate of Substantial
Completion.
2.49 Substitution. A product, service, component or system that is not equal to that delineated in the
Specifications, but which is proposed by the CONTRACTOR in lieu thereof. The acceptability of a
Substitution shall be based on the data submitted and the benefit of PSO, including, but not limited to,
appropriate adjustments in price. The PROJECT MANAGER shall make a recommendation to the
DIRECTOR with respect to any proposed substitutions, and the DIRECTOR shall be the sole judge of
acceptability of any Substitution.
2.50 Supplemental Drawings. The drawings issued after the execution of the Agreement to explain
further, to illustrate, or to show changes in the Work.
2.51 Surety. Any business entity that executes, as Surety, the Bid, Performance, Payment or Warranty
Bonds submitted by or on behalf of a CONTRACTOR.
2.52 Total Bid Price. The total price for which a BIDDER proposes to complete the Work, as submitted
by a BIDDER in a Bid Proposal to PSO, based on the Bid Schedule included with the Bid Proposal, but
exclusive of adjustments by PSO for Alternates listed in the Alternative Bid Schedule included in the
Bid Proposal, and exclusive of any Allowances by PSO.
2.53 Work. The work to be performed under this Agreement shall consist of furnishing all plant, tools,
equipment, materials, supplies, and manufactured articles and for furnishing all transportation and
service, including fuel, power, water, and essential communications, and for the performance of all
labor, work or other operations required for the fulfillment of the Agreement in strict accordance with
the specifications, schedules, drawings and other Contract Documents as herein defined, all of which are
made a part hereof, and including such detailed sketches as may be furnished by the PROFESSIONAL
from time to time during construction in explanation of said Contract Documents. The Work shall be
complete and all work, materials, and services not expressly shown or called for in the Contract
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Documents which may be necessary for the complete and proper construction of the Work in good faith
shall be performed, furnished and installed by the CONTRACTOR as though originally so specified or
shown, at no increase in cost to PSO.
ARTICLE 3 –PRELIMINARY MATTERS
3.1 Delivery of Bonds and Other Documents. When the BIDDER delivers the executed Agreement to
PSO, Payment and Performance Bonds shall be delivered as may be required in accordance with these
Contract Documents. Subsequent to PSO’s execution of the Agreement and as a strict precedent to the
issuance of a Notice to Proceed for the WORK, the BIDDER must deliver to PSO a certified copy of the
recorded bonds, along with a Project schedule, a schedule of values and a Maintenance of Traffic plan
for PSO review and approval on or before the date of the pre-construction meeting. A Warranty Bond on
the completed Work, to ensure that the Warranty obligations of the CONTRACTOR will be fulfilled,
shall be delivered to PSO in accordance with these Contract Documents as a prerequisite to the issuance
of a Certificate of Substantial Completion, unless such coverage has otherwise been provided under the
express terms of a Performance Bond. UNLESS THE DIRECTOR OR PURCHASING MANAGER
HAS GRANTED AN EXTENSION OF TIME TO THE CONTRACTOR, THE FAILURE OF THE
CONTRACTOR TO SUBMIT BONDS OR ANY OTHER DOCUMENTATION REQUIRED BY
THESE CONTRACT DOCUMENTS TO PSO IN A TIMELY MANNER SHALL CONSTITUTE
GROUNDS FOR THE TERMINATION BY THE PSO OF THE AGREEMENT FOR CAUSE.
3.2 Commencement of Contract Time. The Contract Time shall commence on the date specified in the
PSO’s written Notice to Proceed. Such Notice will be issued by PSO after execution of the Agreement
(Part IV) by the SHERIFF on behalf of PSO.
3.3 Commencement of the Project. The CONTRACTOR shall begin the Work on the date the Contract
Time commences. No Work shall be done prior to the date on which the Contract Time commences.
Any Work performed by the CONTRACTOR prior to date on which Contract Time commences shall
be at the sole risk and expense of the CONTRACTOR.
3.4 Before Commencement of Each Part of the Work
3.4.1 Before undertaking each part of the Work, the CONTRACTOR shall carefully study and
compare the Contract Documents and check and verify pertinent figures and all applicable field
measurements. The CONTRACTOR shall promptly report in writing to the PROJECT
MANAGER any conflict, error, or discrepancy that it may discover. However, the
CONTRACTOR shall not be liable to PSO for failure to report any conflict, error, or discrepancy
in the Drawings or Specifications unless the CONTRACTOR had actual knowledge thereof, or if
the CONTRACTOR, by the exercise of reasonable diligence, should have known thereof.
3.4.2 At or before the pre-construction conference, the CONTRACTOR shall submit to the
PROJECT MANAGER a proposed preliminary progress schedule covering the activities of
Work. The schedule shall also include start and completion dates of the various stages of the
entire Work and a preliminary schedule of submittals. The preliminary schedule will be
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superseded by final schedules as called for in the Contract Documents. The CONTRACTOR
must also provide a schedule of values and a MOT Plan for PSO review and approval.
3.4.3 The CONTRACTOR or SUBCONTRACTORS shall perform no Work, and make no
irrevocable commitments to vendors made, until the Contract Time commences.
3.5 Qualifications of Subcontractors, Vendors, and Suppliers
3.5.1 Within ten (10) days after receipt of Notice to Selected Bidder, or prior to the award of the
bid by PSO (whichever is earlier) the CONTRACTOR shall submit to the PROJECT
MANAGER a list of all SUBCONTRACTORS and all such other persons and organizations
whom the CONTRACTOR intends to utilize in performing portion of the Work. The
CONTRACTOR shall indicate the corresponding line item as shown on the Schedule of Values
under which each SUBCONTRACTOR will be working.
3.5.2 The CONTRACTOR agrees, within fourteen (14) days of receipt of a written request from
DIRECTOR, to promptly remove from the Project any personnel employed or retained by the
CONTRACTOR, whom DIRECTOR may request in writing to be removed, with or without
cause. Any substitution submitted by CONTRACTOR must be acceptable to the DIRECTOR
and said substitution shall be at no additional cost to PSO.
3.5.3 The CONTRACTOR agrees, within fourteen (14) days of receipt of a written request from
DIRECTOR, to promptly remove and replace any SUBCONTRACTOR employed or retained by
the CONTRACTOR, whom DIRECTOR shall request in writing to be removed, with cause. If
DIRECTOR requires the removal of any SUBCONTRACTOR, the CONTRACTOR shall
submit a substitute acceptable to DIRECTOR and said substitution shall be at no additional cost
to PSO.
3.5.4 The CONTRACTOR may remove or replace a SUBCONTRACTOR employed or retained
by the CONTRACTOR only with the prior written approval of the DIRECTOR. Said approval
shall not be issued absent submission by the CONTRACTOR to the DIRECTOR of evidence,
acceptable to the DIRECTOR, that the SUBCONTRACTOR to be removed or replaced has been
paid in full for all services and material rendered by the SUBCONTRACTOR in connection with
the Project.
3.6 Pre-construction Conference. Within ten (10) days following the award of bid by PSO, a
conference shall be held for review and acceptance of the preliminary schedules and other deliverable
specified (see 3.4.2 above); to establish procedures for handling submittals and process Applications for
Payment, and to establish a working understanding among the parties as to the Work. These items are
discussed in greater detail in the Special Conditions and/or Technical Specifications.
ARTICLE 4 – CONTRACT DOCUMENTS; INTENT, CONFLICTS, INTERPRETATION AND
REUSE
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4.1 Precedence
4.1.1 The Contract Documents comprise the entire agreement between PSO and
CONTRACTOR concerning the Work and may be altered only by Change Order.
4.1.2 It is the intent of the Contract Documents to describe the total Work to be constructed. The
Contract Documents are complementary. What is called for by one is as binding as if called for
by all. If the CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents,
the CONTRACTOR shall call it to the attention of the PROFESSIONAL in writing before
proceeding with the Work. The PROFESSIONAL shall respond with a written clarification as
provided in Article 10. Any delays associated with the clarification shall be considered for time
extensions only and no damages for delay will be allowed, absent fraud, bad faith, or active
interference on the part of PSO accompanied by actual malicious intent to delay. In resolving
such conflicts, errors, and discrepancies, the Contract Documents shall be given precedence in
terms of the most stringent requirements as determined by the DIRECTOR. Enforcement of the
most stringent requirements shall be at the sole option of PSO. Figure dimensions on the
Drawings shall govern over scale dimensions, and the detailed Drawings shall govern over
general Drawings. Any Work that may reasonably be inferred from the Contract Documents as
being required to produce the intended result shall be supplied whether or not it is specifically
called for Work, materials, or equipment described in words that, so applied, have a well-known
technical or trade meaning shall be deemed to have such recognized meaning.
4.2 Reuse of Documents. Neither the CONTRACTOR nor any SUBCONTRACTOR, manufacturer,
fabricator, supplier, or distributor shall have or acquire any title or ownership rights in any of the
Drawings, Specifications, or other documents (or copies thereof) prepared by, or bearing the seal of, the
PROFESSIONAL, and they shall not reuse any of them on extensions of the Project or in connection
with any other project.
ARTICLE 5 – PROJECT CONDITONS
5.1 Availability of Lands
5.1.1 PSO shall make available, at the times indicated in the Contract Documents, the lands upon
which the Work is to be done, rights-of-way for access thereto, and such other lands that are
designated for use by PSO for the Project. If the CONTRACTOR believes that any delay in the
furnishing of these lands by PSO constitutes a valid reason for an extension of the Contract
Time, the CONTRACTOR may make a claim for such time extension as provided for in Articles
11 and 13, but in no event will the CONTRACTOR be entitled to any damages or additional
compensation for such delay, absent fraud, bad faith, or active interference on the part of PSO
accompanied by actual malicious intent to delay. The CONTRACTOR shall provide for all
additional lands and access thereto that may be required for temporary construction facilities or
storage of materials and equipment. Upon request, the PROJECT MANAGER shall furnish to
the CONTRACTOR copies of all land use agreements outlining the authority of PSO to build
upon the lands.
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5.1.2 Upon request, the PROJECT MANAGER shall furnish to the CONTRACTOR copies of all
available boundary surveys and subsurface tests.
5.2 Unknown or Concealed Conditions
5.2.1 If conditions are encountered, excluding existing utilities, at the Site which are:
(1) subsurface or otherwise concealed physical conditions which differ materially from
those indicated in the Contract Documents, or
(2) unknown physical conditions, of an unusual nature, which differ materially from
those ordinarily found to exist and generally recognized as inherent in construction
activities of the character provided for in the Contract Documents, then the
CONTRACTOR shall give PSO notice thereof promptly before conditions are disturbed
and in no event later than 48 hours after first observance of the conditions.
Failure to provide timely notice shall be considered a waiver by the CONTRACTOR of
any claim relating to such unknown or concealed condition, unless PSO in its sole
discretion allots some additional time for notice.
5.2.2 The PROJECT MANAGER and the PROFESSIONAL shall promptly investigate such
conditions, and, if they differ materially and cause an increase or decrease in the cost of, or the
time required for, performance of any part of the Work by the CONTRACTOR, the PROJECT
MANAGER shall recommend to the DIRECTOR, for approval by the Sheriff or his designee, as
authorized herein, an equitable adjustment in the Contract Price or Contract Time, or both. If the
PROFESSIONAL and the PROJECT MANAGER determine that the conditions at the Site are
not materially different from those indicated in the Contract Documents or are not materially
different from those ordinarily found and that no change in the terms of the Agreement is
justified, the PROJECT MANAGER shall notify the CONTRACTOR of the determination in
writing. The Work shall be performed after the PROJECT MANAGER provides direction.
5.2.3 The CONTRACTOR shall ascertain such conditions, described in 5.2.1 as may be readily
determined by inspection and inquiry, such as the location, accessibility, and general character of
the Site, prior to submitting a Bid Proposal.
5.2.4 The basis of determining payment for unknown or concealed conditions involving
excavation and/or fill shall be by representative cross-sections taken before, and after, the
performance of the Work by the CONTRACTOR.
5.3 Reference Points. The PROFESSIONAL shall establish on the Drawings such general reference
points as in its judgment will enable the CONTRACTOR to proceed with the Work. The
CONTRACTOR shall establish the coordinates and elevations of two permanent benchmarks on the site.
The CONTRACTOR shall establish construction control including, but not limited to construction
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baseline, any additional temporary benchmarks, and elevations at 1000-foot intervals by utilizing a
registered land surveyor in compliance with all of the requirements of Chapter 472, Florida Statutes
(Land Surveying). The CONTRACTOR shall be responsible for the layout of the Work, shall protect
and preserve the established reference points and shall make no changes or relocations to them without
the prior written approval of the PROFESSIONAL. The CONTRACTOR shall, within forty-eight (48)
hours, give notice to the PROJECT MANAGER or Project Representative whenever any reference point
is lost or destroyed or requires relocation because of necessary changes in grades or locations. The
CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed, or moved
by utilizing a registered land surveyor in compliance with all of the requirements of Chapter 472,
Florida Statutes (Land Surveying).
5.4 Existing Utilities. Information shown on the Drawings as to the location of existing utilities has
been prepared from the most reliable data available to PSO. The provision of such information does not
relieve the CONTRACTOR from performing its own due diligence regarding existing utilities. The
CONTRACTOR also acknowledges that PSO has no control over the relocation schedules of the
effected utilities within the Project area. Prior to commencing Work, the CONTRACTOR shall be
responsible for verification of the location of all underground utilities to the extent that the utilities can
be reasonably located. The CONTRACTOR shall, at a minimum, contact all utility companies for the
purpose of having all utilities located by the utility companies. The CONTRACTOR shall clear and grub
those areas identified by the affected utility as essential to its work. Furthermore, the CONTRACTOR
shall be responsible for discovery of existing underground installations, in advance of excavating or
trenching, by contacting all local utilities, and by prospecting to ascertain that the utilities shown or
otherwise identified are in the area shown. When such exploratory excavations show the utility location
as indicated on the drawings to be in error, the CONTRACTOR shall so notify the PROJECT
MANAGER. PSO shall not be liable for any damage or delay caused by any utility line that was or
could have been identified by the CONTRACTOR using reasonable means. If the CONTRACTOR fails
to fulfill its due diligence investigation or negligently conducts the due diligence investigation with
respect to existing utilities prior to the commencement of Work, the CONTRACTOR will be deemed to
have waived any claim the CONTRACTOR might otherwise have had to an adjustment of the Contract
Price or Contract Time. If the CONTRACTOR fully performs a due diligence investigation with respect
to existing utilities prior to the commencement of Work, and the CONTRACTOR is subsequently
delayed by an unknown existing utility conflict, the CONTRACTOR may make a claim for an extension
to the Contract Time in accordance with the requirements of the Contract Documents, but in no event
will the CONTRACTOR be entitled to any damages or additional compensation from PSO.
ARTICLE 6 – BONDS, INSURANCE AND INDEMNIFICATION
6.1 Performance and Payment Bonds. The CONTRACTOR shall execute a Performance Bond and a
Payment Bond as shown in Part II, Exhibits A and B, or furnish acceptable alternative forms of security
as stipulated in the Instruction To Bidders (Part I) as security for the faithful performance and payment
by the CONTRACTOR of all obligations of the CONTRACTOR under the Contract Documents. The
CONTRACTOR shall cause each such bond (or acceptable alternative) to be in an amount equal to
100% of the Contract Price, as said Contract Price may be adjusted from time to time by an appropriate
Change Order. Additionally, each such bond shall be as shown on the attached forms and shall be
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executed by the CONTRACTOR, and by a SURETY, authorized to do business as a surety in Florida,
who is otherwise acceptable to PSO. Said executed Performance Bond and Payment Bond shall be
provided to PSO by the CONTRACTOR prior to submission of the Agreement (Part IV) to the
SHERIFF for approval and execution. Prior to commencing Work, it shall be the responsibility of the
CONTRACTOR to record in the Public Records of Pasco County the executed Performance Bond and
Payment Bond and to provide PSO with a certified copy of the recorded bonds.
6.2 Warranty Bond. Upon completion of the Project and as a condition of Substantial Completion, the
CONTRACTOR shall execute a Warranty Bond in a form acceptable to PSO, or furnish acceptable
alternative forms of security for the faithful performance by the CONTRACTOR of the obligation of the
CONTRACTOR to warranty and guarantee the Work under the Contract Documents, unless coverage is
already provided under the express terms of an acceptable alternative) to be in an amount sufficient to
guarantee the Work pursuant to Article 14 of this Part II, as said Work may be adjusted from time to
time by an appropriate Change Order. Each such bond shall be executed by the CONTRACTOR, and by
a SURETY, authorized to do business as a surety in Florida, that is otherwise acceptable to PSO, and
delivered to PSO immediately before, and as a condition of Substantial Completion.
6.3 Insurance of the Contractor
6.3.1 During the life of this Agreement, the CONTRACTOR shall provide, pay for, and maintain
insurance of the types and in the amounts described herein. All such insurance shall be provided
by responsible companies with A.M. Best ratings of A-, Class 8 or better, authorized to transact
business in the State of Florida, and which are satisfactory to PSO. Promptly after the issuance
by PSO of the Notice to Selected Bidder of this Agreement, and prior to submission of the
Agreement (Part IV) to the SHERIFF for approval and execution, the CONTRACTOR shall
provide to PSO evidence of insurance coverage of the types, and in the amounts, required
hereunder by submitting executed Certificates of Insurance, the preferred form of which is found
in this Part II, Exhibit C. Each Certificate shall set forth the original manual signature of the
authorized representative of the insurance company/companies identified therein and shall have
attached thereto proof that said representative is authorized to execute the same. In addition, the
CONTRACTOR shall provide certified true and exact copies of all required policies and of
endorsements to PSO within sixty (60) days of the issuance by PSO of the Notice to Selected
Bidder.
6.3.2 All policies of insurance mandated by this Agreement shall name PSO as a certificate
holder and require that the insurer give PSO thirty (30) days written notice of any cancellation,
intent not to renew, or reduction in coverage; and ten (10) days written notice of any non-
payment of premium. Such notice shall be delivered by First-Class U.S. Mail to:
Pasco Sheriff’s Office
ATTN: Purchasing Department
8700 Citizens Drive
New Port Richey, Florida 34654
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In the event of any reduction in the aggregate limit of any policy, the CONTRACTOR shall
immediately restore such limit to the amount required herein.
6.3.3 All insurance coverage provided by the CONTRACTOR shall be primary to any insurance
or self-insurance program of PSO applicable to the Work provided for in this Agreement.
6.3.4 Receipt by PSO of any Certificate of Insurance or copy of any policy evidencing the
insurance coverage and limits required by the Contract Documents does not constitute approval
or agreement by PSO that the insurance requirements have been satisfied or that the insurance
policies shown on the Certificates of Insurance are in compliance with the requirements of the
Contract Documents.
6.3.5 No work for PSO shall commence, nor occupancy by the CONTRACTOR of any of its
property take place, until the required Bonds, Certificates of Insurance, and copies of the
associated policies, if requested, are received by PSO, even if the Contract Time has
commenced.
6.3.6 The insurance coverage and limits required of the CONTRACTOR under the Contract
Documents are designed to meet the minimum requirements of PSO. They are not designed as a
recommended insurance program for the CONTRACTOR. The CONTRACTOR shall be
responsible for the sufficiency of its own insurance program. Should the CONTRACTOR have
any questions concerning its exposures to loss under the Contract Documents or the insurance
coverage needed therefore, it should seek professional assistance.
6.3.7 If the insurance coverage initially provided by the CONTRACTOR is to expire prior to
completion of the Work, renewal Certificates of Insurance shall be furnished to PSO thirty (30)
days prior to expiration of current coverage.
6.3.8 Should the CONTRACTOR fail to maintain any of the insurance coverage required by the
Contract Documents, PSO may, at its sole option, either terminate this Agreement for default, or
procure and pay for such coverage, charging the CONTRACTOR for, and deducting the costs of,
the same from payments due the CONTRACTOR. A decision by PSO to procure and pay for
such insurance coverage shall not operate as a waiver of any of its rights under the Contract
Documents.
6.3.9 In addition to being listed as a certificate holder, all liability insurance policies obtained by
the CONTRACTOR to meet the requirements of the Contract Documents, other than the
Worker’s Compensation and Employer’s Liability Policy, shall provide that the PSO, the Sheriff,
and its employees and agents, shall be “additional insureds” under the Policy and shall also
incorporate a Severability of Interest provision. All insurance coverage provided under this
Section shall apply to all the activities of the CONTRACTOR under the Contract Documents
without regard for the location of such activity.
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6.3.10 Coverage. Amounts and type of insurance shall conform to the following minimum
requirements with the use of current Insurance Service Office forms and endorsements or their
equivalent.
6.3.10.1 Worker’s Compensation and Employer’s Liability Insurance. The
CONTRACTOR shall maintain coverage for all employees engaged in the Work, in
accordance with the laws of the State of Florida. The CONTRACTOR also agrees to
waive its right of subrogation as part of this coverage. The amount of each insurance shall
not be less than:
a. Workers’ Compensation Florida Statutory Requirements
b. Employer’s Liability $100,000.00 Limit Each Accident
$500,000.00 Limit Disease Aggregate
$100,000.00 Limit Disease Each Employee
6.3.10.2 Commercial General Liability Insurance. Coverage shall include, but not limited to,
liability arising from the Premises, operations, independent contractors, products, completed
operations, personal and advertising injury. Contractual coverage for this Contract, including any
hold harmless and/or indemnification agreement(s), shall be provided on an ISO form CG 0001
or its equivalent. Limits of coverage shall not be less than the following on a per occurrence
basis:
General Aggregate $2,000,000.00
Products – Completed Operations Aggregate $2,000,000.00
Personal and Advertising Injury $500,000.00
Each Occurrence $2,000,000.00
Fire Damage (Any One Fire) $50,000.00
Specific Contract Aggregate Limits $ (same as above)
a. The Aggregate Limits shall be separately applicable through the use of the
endorsement attached hereto as Exhibit D or its equivalent according the PSO.
b. If the General Liability Insurance required herein is issued or renewed on a “claims
made” form, as opposed to the occurrence” form, the retroactive date for coverage shall
be no later than the date the Contract Time commences and shall provide that in the event
of cancellation or nonrenewal the discovery period for insurance claims (Tail Coverage)
shall be extended for three (3) years beyond the completion and acceptance date of the
Project under this Contract.
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6.3.10.3 Business Automobile Liability Insurance. Coverage shall be maintained by the
CONTRACTOR as to ownership, maintenance, and use of all of its owned, non-owned, leased or
hired vehicles with limits of not less than:
a. Bodily Injury & Property Damage Liability:
$1,000,000.00 Combined Single Limit Each Accident
6.3.10.4 All Risk Coverage. For purposes of this Agreement, Builder’s Risk coverage is/is not
required; Installation Floater coverage is/is not required. If either or both are required, the
CONTRACTOR shall provide said coverage, which shall include the following minimum
requirements:
a. All Risk coverage shall be issued by insurance company(s) approved by the State of
Florida Department of Insurance and acceptable to PSO. All coverage and endorsements
must be on forms acceptable to PSO. The CONTRACTOR shall pay any and all
premiums for this insurance, with any deductibles being the sole responsibility of the
CONTRACTOR. If both Builder’s Risk and Installation Floater have been specified, no
more than one deductible per occurrence shall apply. Maximum deductible per
occurrence for this Project: $ N/A.
b. Limit of coverage shall be 100% of the completed value of any building(s) or
structure(s), or 100% of the value of the equipment to be installed, as appropriate; and
Installation Floater coverage shall also provide for coverage of the installed equipment,
including labor and materials, prior to final completion of the Project.
c. Waiver of Occupancy Clause or Warranty: Policy must be specifically endorsed to
eliminate any “occupancy clause” or similar warranty or representation that the
building(s) or structure(s) will not be occupied.
6.3.10.3.5 Pollution Liability Insurance. For purposes of this Agreement, Pollution Liability
Insurance coverage is/is not required. If required, the CONTRACTOR shall provide said
coverage, which shall include the following minimum requirements: The minimum limits of
liability shall be: $2,000,000.00 per occurrence/ $2,000,000.00 aggregate for the incident. The
CONTRACTOR shall maintain pollution liability coverage for bodily injury, property damage
and environmental damage caused by a pollution incident.
6.3.10.6 Certificates of Insurance. Certificates of Insurance evincing the insurance coverage
specified in paragraphs 6.3.10.1 through 6.10.5 inclusive, and in paragraph 6.2.10.4, when
required, shall be filed with the PSO Purchasing Department within ten (10) days of the Notice
to Apparent Low Bidder. The required Certificates of Insurance shall name the types of policies
provided, and shall refer specifically to this Contract.
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6.4 Untimely Submission. The failure of the CONTRACTOR to submit the required Payment Bond,
Performance Bond, and Certificates of Insurance within the times required by this Article may result in a
delay in issuing the Award. The parties specifically agree that such a delay is neither excusable nor
compensable and will not entitle the CONTRACTOR to a change in the Contract Price or Time. The
PSO also reserves the right to reject the CONTRACTOR’s Bid Proposal and to award the bid to the next
selected bidder if the required documents are not received within the timeframe specified herein.
6.5 Indemnification
6.5.1 The CONTRACTOR shall indemnify and hold harmless the PSO, the Sheriff of Pasco
County, and the employees and agents of PSO from, and against, all liabilities, claims, suits,
demands, damages, losses, and expenses, including, but not limited to attorneys’ fees, arising out
of, or resulting from, the performance of the Work, provided that any such liability, claim, suit,
demand, damage, loss or expense: (a) is attributable to bodily injury, sickness, disease or death,
or injury to or destruction of tangible property (other than the Work itself), including the loss of
use resulting therefrom; and (b) is caused in whole or in part by the negligence, recklessness or
intentional wrongful misconduct of the CONTRACTOR, any SUBCONTRACTOR, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them may be
liable in the performance of the Construction Contract.
6.5.2 In any and all claims against PSO, the Sheriff of Pasco County, or against any of the agents
or employees of PSO, by any employee of the CONTRACTOR, any SUBCONTRACTOR,
anyone directly or indirectly employed by any of them, or anyone for whose acts any of them
may be liable, the indemnification obligation under the previous paragraph shall not be limited in
any way as to the amount or type or damages, compensation or benefits payable by or for the
CONTRACTOR or any SUBCONTRACTOR under workmen’s compensation acts, disability
benefit acts, or other employee benefit acts.
6.5.3 The CONTRACTOR shall indemnify and hold harmless the PSO and anyone directly or
indirectly employed by the PSO from and against all claims, suits, demands, damages, losses,
and expenses including, but not limited to, attorney’s fees, arising out of any infringement of
patent rights, copyrights, trademarks, trade dress, or other intellectual property rights held by
others, and shall defend all such claims in connection with any alleged infringement of such
rights.
6.5.4 The CONTRACTOR shall, at the option of PSO, underwrite on an interim basis all
expenses associated with the legal defense of the PSO, pending the outcome of any litigation
through appeal, with respect to any liabilities, claims, suits, demands, damages, losses, and
expenses, including, but not limited to, attorneys’ fees, for which the CONTRACTOR may be
liable to PSO, in whole or in part, pursuant to 6.5.1-6.5.3 above, irrespective of whether said
liabilities, claims, suits, demands, damages, losses, and expenses, including, but not limited to,
attorneys’ fees, may ultimately be found by a court of law to have been causes, in whole or in
part, by the negligence or other fault of PSO. In discharging this duty to PSO, the
CONTRACTOR shall strictly account to PSO on a monthly basis for all expenditures so
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incurred. Upon the conclusion of any litigation through appeal, to the extent that the
CONTRACTOR has been found less than fully liable for any liabilities, damages, losses and
costs, including, but not limited to, reasonable attorneys’ fees, PSO shall reimburse the
CONTRACTOR for that portion of the reasonable costs of underwriting the legal defense of
PSO.
6.5.5 With respect to, and in consideration for, the indemnifications provided herein by the
CONTRACTOR, as well as the duty of the CONTRACTOR, at the option of PSO, to underwrite
the legal defense of PSO pending the outcome of any litigation through appeal, PSO agrees to
pay to the CONTRACTOR as a, separate consideration, the sum of $100.00, the sufficiency and
receipt of which is hereby acknowledged.
6.5.6 Notwithstanding any language to the contrary which may be contained herein, the ultimate
duty of the CONTRACTOR to indemnify and hold PSO harmless under this Article 6 shall be
limited to the extent that any liabilities, damages, losses and costs, including, but not limited to,
reasonable attorneys' fees, are caused by the negligence, recklessness, or intentional wrongful
misconduct of the indemnifying party and persons employed or utilized by the indemnifying
party in the performance of the construction contract.
ARTICLE 7 – RESPONSIBILITIES OF THE CONTRACTOR
7.1 Supervision and Superintendence. The CONTRACTOR shall supervise and direct the Work
efficiently and with its best skill and attention. The CONTRACTOR shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction unless specifically addressed in
the Contract Documents. The CONTRACTOR shall be responsible for seeing that the finished Work
complies accurately with the Contract Documents. The CONTRACTOR shall cooperate with and be
responsible for coordination of the Work with other contractors and/or utilities at the Site in accordance
with the Specifications, if applicable. The CONTRACTOR shall attend meetings as requested by the
PROJECT MANAGER.
7.1.1 The CONTRACTOR shall keep on the Work at all times during its progress a competent
resident superintendent who shall not be replaced without written notice to the PROJECT
MANAGER except under extraordinary circumstances. The CONTRACTOR shall provide
Notice to PSO of the identity of the superintendent at the Pre-construction Conference, and PSO
shall at that time be provided with a 24-hour, 7 days-per-week telephone number for the
superintendent which shall remain valid until Final Completion. The superintendent shall be the
representative of the CONTRACTOR at the Site and shall have authority to act on behalf of the
CONTRACTOR. All communications given to the superintendent shall be as binding as if given
to the CONTRACTOR.
7.2 Labor, Materials, and Equipment. The CONTRACTOR shall provide and pay for competent,
suitable, qualified personnel to survey and layout the Work and perform construction as required by the
Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order on the
Site.
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7.2.1 The CONTRACTOR shall furnish and pay for all materials, equipment, labor,
transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water and sanitary facilities, and all other facilities and incidentals whether temporary
or permanent necessary for the execution, testing, initial operation, and completion of the Work
as required by the Contract Documents.
7.2.2 All materials and equipment shall be applied, installed, connected, erected, used, cleaned,
and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or
processors, except as otherwise provided in the Contract Documents.
7.2.3 All materials and equipment shall meet or exceed contract specifications and, except as
may otherwise be provided in the Contract Documents, shall be new and of good quality. When
requested by the PROJECT MANAGER, the CONTRACTOR shall furnish promptly a statement
of the origin, compositions, and manufacture of any and all materials to be used in the
construction of the Work, together with samples that may be subjected to the tests provided for
in the Specifications, to determine their quality and fitness for the Work. The CONTRACTOR
shall further promptly supply, at the request of the PROJECT MANAGER, certification from the
supplier of any material to be incorporated into the Work that said material meets or exceeds the
Specifications.
7.2.4 At any time during the course of the CONTRACT, with respect to any and all materials and
equipment to be used in the construction of the Work, the PROJECT MANAGER may request,
and upon such request the CONTRACTOR shall furnish in form and substance satisfactory to
the PROJECT MANAGER within ten (10) days, documentation which provides reasonable
assurances to PSO that the CONTRACTOR will be able to furnish said materials and equipment,
all of proper quality and quantity, at bid prices, in a timely manner. Any and all risk of
fluctuation in the market price of materials or equipment, or the availability thereof, shall remain
at all times the sole responsibility of the CONTRACTOR.
7.3 Substitute Materials or Equipment. In the event the CONTRACTOR notifies the PROJECT
MANAGER that certain materials or equipment described in the CONTRACT cannot be procured by
the CONTRACTOR for the project, or should the DIRECTOR, upon the recommendation of the
PROJECT MANAGER, find to be inadequate the documentation submitted by the CONTRACTOR in
response to a request for reasonable assurances of ability to furnish the materials or equipment as
described above, PSO may, as its option:
a. Waive any specification with respect to said materials or equipment, authorize acceptable
substitute materials or equipment, and make an appropriate adjustment to the amounts due the
CONTRACTOR for the cost of said materials or equipment, including labor, and other expenses
associated with the change; or
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b. Procure the materials or equipment itself and charge the actual cost thereof, including labor
and other incidental expenses incurred by the PSO, to the CONTRACTOR by deducting said
costs and expenses from amounts otherwise due the CONTRACTOR.
Approval of any change in costs or schedule as a result of tentative acceptance of the substitute
by the DIRECTOR, based on the recommendation of the PROJECT MANAGER, shall be by
Change Order.
7.4 Concerning Subcontractors
7.4.1 The CONTRACTOR may not subcontract overall management obligations pertaining to
the Work, or any substantial component thereof, and not more than eighty percent (80%) of the
Work shall be subcontracted under any circumstances. This limitation on subcontracting shall
not apply to any aspect of the Work that involves the supply of equipment or materials alone.
The CONTRACTOR shall retain ultimate liability for all contractual obligations under the
Contract Documents. The CONTRACTOR shall further be fully responsible for all acts and
omissions of SUBCONTRACTORS, and of persons directly or indirectly employed by them,
and of persons for whose acts any of them may be liable to the same extent as if the
CONTRACTOR had employed them. Nothing in the Contract Documents shall create any
contractual relationship between any SUBCONTRACTOR and PSO or any obligation on the
part of PSO to pay or to see to the payment of any monies due any SUBCONTRACTOR, except
as may otherwise be required by law. PSO may furnish to any SUBCONTRACTOR, to the
extent practicable, evidence of amounts paid to the CONTRACTOR for specific Work done.
7.4.2 Any divisions and sections of the Specifications and the identifications of any Drawings
shall not control the CONTRACTOR in dividing Work among SUBCONTRACTORS or
delineating the Work to be performed by any specific trade.
7.4.3 The CONTRACTOR agrees to bind specifically every SUBCONTRACTOR, by way of an
appropriate written agreement, to the applicable terms and conditions of the Contract
Documents, including but not limited to the General Conditions, Special Conditions, and
Technical Specifications, for the benefit of PSO .
7.4.4 All Work performed for the CONTRACTOR by a SUBCONTRACTOR shall be pursuant
to an appropriate written agreement between the CONTRACTOR and the SUBCONTRACTOR
which shall contain provisions that waive all rights the contracting parties may have against one
another for damages cause by fire or other perils covered by insurance, except such rights as they
may have to proceeds of such insurance held by PSO as trustee. The CONTRACTOR shall pay
each SUBCONTRACTOR an appropriate amount determined by value of Work, of any
insurance monies received by the CONTRACTOR under this insurance.
7.4.5 PSO as Intended Beneficiary of Subcontracts. PSO shall be an intended substantial
beneficiary of the written agreements between the CONTRACTOR and its
SUBCONTRACTORS.
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7.5 Patent Fees and Royalties. The CONTRACTOR shall pay all license fees and royalties and shall
assume all costs incident to the use of any invention, design, process, or device which is the subject of
patent rights or copyrights held by others.
7.6 Permits. PSO shall be responsible for all costs of permits and relating permitting fees. The
CONTRACTOR shall apply for and obtain all construction permits and licenses. CONTRACTOR is
responsible for all inspection fees, and all public utility charges that are applicable and necessary for the
execution of the Work as listed in the Construction Documents at the time of its Bid. Any delays
associated with the permitting process will be considered for time extensions only, and no damages or
additional compensation for delay will be allowed.
7.6.1. PSO and CONTRACTOR may agree to utilize a private provider to complete permitting
and inspections.
7.7 Laws and Regulations. The CONTRACTOR shall give all notice and comply with all laws,
ordinances, rules, and regulations applicable to the Work. If the CONTRACTOR observes that any of
the Contract Documents are contradictory to such laws, rules, and regulations, the CONTRACTOR will
notify the PROJECT manager promptly in writing. An appropriate Change Order shall then be used to
institute any necessary changes. If the CONTRACTOR performs any Work that it knows or should have
known to be contrary to such laws, ordinances, rules and regulations and without such notice to the
PROJECT MANAGER, the CONTRACTOR shall bear all related costs.
7.7.1 LAW COMPLIANCE. Each party will comply with all applicable federal, state and local
laws, rules, regulations and guidelines, related to performance under this Agreement. In
particular, the CONTRACTOR verifies and affirms that it is in compliance with 8 USC Sec.
1324 prohibiting the employment either directly or by contract, subcontract or exchange of
unauthorized aliens in the United States. PSO will consider the employment of unauthorized
aliens by any CONTRACTOR during the term of the Agreement a violation of the Immigration
and Nationality Act. Such violation shall be cause for unilateral cancellation of this Agreement
by PSO.
7.8 Use of Premises. The CONTRACTOR shall confine its equipment, the storage of materials and
equipment, and the operations of its workers to the area permitted by law, ordinances, permits, or the
requirements of the Contract Documents. The CONTRACTOR shall not unreasonably encumber the
Site with materials and equipment. Any loss or damage to the materials or equipment of the
CONTRACTOR or of any SUBCONTRACTOR shall be solely at the risk of the CONTRACTOR.
7.8.1 The CONTRACTOR shall not load or permit any part of any structure to be loaded in any
manner that will endanger the structure. The CONTRACTOR shall not subject any part of the
Work or adjacent property to stresses or pressures that will endanger them.
7.8.2 PSO shall retain ownership of any usable material on the Premises such as fill, millings,
etc. unless otherwise specified by PSO at the pre-construction meeting.
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7.9 Record Drawings
7.9.1 The CONTRACTOR shall keep at the Site and in good order one record copy of the
Contract Documents, the Construction Plans, and the Shop Drawings. These documents shall be
annotated on a continuing basis to show all changes made during the construction process. These
shall be available to the PROFESSIONAL and the PROJECT MANAGER and shall be
submitted to the PROJECT MANAGER prior to, or contemporaneously with, the Application for
Final Payment. The CONTRACTOR shall provide record drawings in accordance with the
Technical Specifications.
7.10 Safety and Protection
7.10.1 The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the Work and for maintaining the Project
Site in a safe and good order (which would include such activities as mowing or trimming grass,
bushes or other vegetation and trash removal on the Site and as deemed necessary by PSO)
during the term of the Agreement. The CONTRACTOR shall take all necessary precautions for
the safety of and will provide the necessary protection to prevent damage, injury, or loss to:
a. All employees on the Work and other persons who may be affected by it;
b. All the Work and all materials or equipment to be incorporated, whether in storage on
or off the Site. The CONTRACTOR shall assume all risk of loss for stored equipment or
materials, irrespective of whether the CONTRACTOR has transferred the title of the
stored equipment or materials to PSO; and
c. Other property at the Site or adjacent to it, including trees, shrubs, lawns, walks,
pavements, roadways, structures, and utilities not designated for removal, relocation, or
replacement in the course of construction.
7.10.2 The CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations,
and orders of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury, or less. The CONTRACTOR shall erect and maintain, as
required by the conditions and progress of the Work or as otherwise required or directed by PSO,
all necessary safeguards for safety and protection of persons and property throughout the term of
the Agreement. CONTRACTOR shall notify owners of adjacent property and utilities when
execution of Work may affect them prior to start of work. All damage, injury, or loss to any
property caused directly or indirectly, in whole or in part, by the CONTRACTOR, any
SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for
whose acts any of them may be liable shall be remedied by the CONTRACTOR.
7.10.3 The CONTRACTOR shall designate a responsible member of its organization whose duty
shall be the prevention of accidents at the Site. This person shall be the superintendent of the
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CONTRACTOR unless otherwise designated in writing by the CONTRACTOR to the
PROJECT MANAGER.
7.11 Emergencies. In emergencies affecting the safety of persons, the Work or property at the Site or
adjacent thereto, the CONTRACTOR, without special instructions or authorization from the PROJECT
MANAGER, and then only if time or circumstances do not permit such special instructions or
authorization, is obligated to prevent or mitigate threatened damage, injury, or loss. The
CONTRACTOR shall give the PROJECT MANAGER written notice that the emergency provision has
been invoked and shall state the reasons therefore within twenty-four (24) hours of the incident. If the
CONTRACTOR believes the emergency resulted in additional Work, an otherwise untimely claim for a
Change Order is permissible and may be submitted in accordance with the procedures set forth herein.
7.11.1 The CONTRACTOR shall immediately notify the PROJECT MANAGER of all events
involving personal injuries to any person on the Site, whether or not such person was engaged in
the construction of the Project, and shall file a written report on such person(s) and any other
events resulting in property damage of any amount within five (5) days of the occurrence of each
such event.
7.11.2 The PROJECT MANAGER upon learning of an emergency situation threatening the
safety of persons or the integrity of property shall immediately report the circumstances to the
DIRECTOR. If the DIRECTOR is unavailable to provide direction, or if the circumstances do
not allow the PROJECT MANAGER a reasonable opportunity to seek guidance from the
DIRECTOR, the PROJECT MANAGER may direct the CONTRACTOR to call out Work
crews, equipment and materials to prevent threatened damage, injury or loss. The
CONTRACTOR shall be obligated to comply with any directions issued by the PROJECT
MANAGER when the PROJECT MANAGER has determined that an emergency situation
exists. If the CONTRACTOR believes the emergency resulted in additional Work, an otherwise
untimely claim for Change Order is permissible and may be submitted in accordance with the
procedures set forth herein.
7.12 Submittals and Samples
7.12.1 After checking and verifying all field measurements, the CONTRACTOR shall promptly
submit to the PROFESSIONAL for approval, in accordance with the accepted schedule of
submittals, all Submittals required by the Contract Documents. All Submittals shall have been
checked by and stamped with the approval of the CONTRACTOR and identified as the
PROFESSIONAL may require. The data shown on or with the Submittals will be complete with
respect to dimensions, design criteria, materials and any other information necessary to enable
the PROFESSIONAL to review the Submittal as required. At the time of each submission, the
CONTRACTOR shall give notice to the PROFESSIONAL of all deviations that the Submittal or
sample may have from the requirement of the Contract Documents.
7.12.2 The CONTRACTOR shall submit to the PROJECT MANAGER for review and
recommendation to the DIRECTOR for approval, within ten (10) days after Notice To Selected
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Bidder, a preliminary Schedule of Values for all of the Work which will include quantities and
prices of items aggregating the Contract Price and will subdivide the Work into component parts
in sufficient detail to serve as the basis for progress payments during construction. Such prices
shall include an appropriate amount of overhead and profit applicable to each item of Work that
will be confirmed in writing by the CONTRACTOR at the time of submittal.
7.12.3 The PROFESSIONAL shall review and approve Submittals. This review and approval by
the PROFESSIONAL shall be only for conformance with the design concept of the Project and
compliance with the information given in the Contract Documents. The approval of a separate
item as such will not indicate approval of the assembly in which the item functions. The
CONTRACTOR will make any corrections required by the PROFESSIONAL and resubmit the
required number of corrected copies until approved. The signature, initials, or stamp of approval
of the CONTRACTOR on any Submittal shall constitute its representation to the
PROFESSIONAL and PSO that the CONTRACTOR has determined and verified all quantities,
dimensions, field construction criteria, materials, catalog numbers, and similar data, and that
each Submittal has been reviewed or coordinated with the requirements of the Work and the
Contract Documents.
7.12.4 No Work requiring a Submittal shall commence until the PROFESSIONAL has approved
the Submittal. A copy of each approved Submittal shall be kept in good order by the
CONTRACTOR at the Site and shall be available to the PROFESSIONAL and PSO staff. Any
delays associated with the submittal process will be considered for time extensions only, and no
damages or additional compensation for delay will be allowed. No time extensions will be
allowed for delays not attributable to the either PSO or the PROFESSIONAL.
7.12.5 The approval by the PROFESSIONAL of Submittals shall not relieve the
CONTRACTOR of its responsibility for any deviations from the requirements of the Contract
Documents unless the CONTRACTOR has called the attention of the PROFESSIONAL and the
PROJECT MANAGER to such deviation in writing at the time of submission, and the PROJECT
MANAGER, with the consent of the DIRECTOR, has given written approval to the specific
deviation; any such approval by the PROFESSIONAL alone shall not relieve the
CONTRACTOR from responsibility for errors or omissions in the Submittals.
7.12.6 To facilitate review, the CONTRACTOR shall number consecutively each Submittal.
This numbering system shall be in order of Submittal. Any re-submittal required shall have the
same number as the original Submittal followed by notation signifying that this is a second or
third Submittal (e.g.”#14-2nd submittal”). All Submittals shall provide a space for the review
stamp of the PROFESSIONAL, preferably on the first page. In addition, all Submittals shall
contain the following notation completed by the CONTRACTOR:
Project Number and Name: _____________________________________________________
Submittal Number: ____________________________________________________________
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Deviations: __________________________________________________________________
As listed: ___________________________________________________________________
Reference Specification Number: ________________________________________________
Reference Drawing Number: ____________________________________________________
Space Requirement: __________________________________________________________
As designed: ________________________________________________________________
Different, as listed: ___________________________________________________________
Contractor has reviewed and submitted for approval.
Signature: ______________________________Date: ___________________________
The review of a particular Submittal will be undertaken only if the above such information is provided.
7.13 Cleaning Up. The CONTRACTOR shall maintain the Site free from accumulations of waste
materials, rubbish, and other debris resulting from the Work on a daily basis as well as overgrown grass,
plants or vegetation on Site or as otherwise required by PSO during the term of the Agreement. At the
completion of the Work, the CONTRACTOR shall remove all waste materials, rubbish, and debris from
the Site as well as all tools, construction equipment and machinery, and surplus materials and will leave
the Site clean and ready for occupancy by PSO. In addition to any other rights available PSO under the
Contract Documents, the failure of the CONTRACTOR to maintain the Site may result in the
withholding by PSO of any amounts due CONTRACTOR. PSO also reserves the right, upon the
CONTRACTOR’S failure to perform clean-up activities, after written notice, to use its own forces or a
third party contractor and to delete the costs incurred from any amount due the CONTRACTOR. The
CONTRACTOR will restore to original condition those portions of the Site not designated for alteration
by the Contract Documents as part of its obligations under the Contract.
ARTICLE 8 – WORK BY OTHERS
8.1 PSO may perform additional Work related to the Project with its own forces or may carry out such
Work through direct contract with third-party contractors. The CONTRACTOR shall provide any third-
party contractors, including, but not limited to, the employees, agents, subcontractors, and suppliers of
such third-party contractors (or of the forces of PSO) performing the additional Work, reasonable
opportunity for the introduction and storage of materials and equipment, and for the execution of work,
and shall properly connect and coordinate its Work with theirs. The CONTRACTOR is not entitled to
exclusive use of the Site. PSO reserves the right to accept or reject Work related to the Project based on
the quality of Work performed by the CONTRACTOR or its SUBCONTRACTORS.
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8.2 If any part of the Work of the CONTRACTOR depends (for proper execution or results) upon the
work of any such third-party contractor (or of PSO), the CONTRACTOR will inspect and promptly
report to the PROJECT MANAGER in writing any defects or deficiencies in such work that render it
unsuitable for such proper execution and results with respect to the Work. The failure of the
CONTRACTOR to so report shall constitute an acceptance of the other work, except as to defects and
deficiencies that may appear in the other work after the execution of its Work. The CONTRACTOR
shall be entitled to extension of time, but not to damages or additional compensation from PSO related
to delay, whether caused by such third-party contractors, or PSO, absent fraud, bad faith, or active
interference by PSO which is accompanied by an actual malicious intent on the part of PSO to cause
delay.
8.3 The CONTRACTOR will do all cutting, fitting, and patching of its Work that may be required to
make its several parts come together properly, and fit it to receive or be received by such third-party
work. The CONTRACTOR will not endanger any work of others by cutting, excavating, or otherwise
altering such other work and will only cut or alter such other work with the written consent of the
PROJECT MANAGER, and only if such alteration will not increase the Contract Price or Contract
Time.
8.4 If the performance of additional work by third-party contractors or PSO is not noted in the Contract
Documents prior to the execution of the Agreement, written notice shall be given to the CONTRACTOR
prior to starting any such additional work. If the CONTRACTOR believes that the performance of such
additional work by PSO or others involves additional expense or entitles it to an extension of the
Contract Time, the CONTRACTOR may make a claim as provided in Articles 11, 12, and 13.
ARTICLE 9 - RESPONSIBILITIES OF PSO
9.1 PSO shall issue all communications to the CONTRACTOR through the PROJECT MANAGER,
except for authorization required by Change Order pursuant to the Contract Documents.
9.2 PSO shall furnish the data required under the Contract Documents and shall make payments to the
CONTRACTOR when due as provided in Article 15.
9.3 The responsibilities of PSO for providing lands, easements, and engineering surveys to establish
reference points are set forth in Article 5.
ARTICLE 10 – STATUS OF THE PROFESSIONAL DURING CONSTRUCTION
10.1 PSO’s Representative. The PROFESSIONAL shall be a representative of PSO during the
construction period. The duties, responsibilities, and limitations of authority of the PROFESSIONAL as
PSO’s representative during construction are set forth in these General Conditions and shall not be
extended without written designation from the Department administering the Project.
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10.2 Visits to the Site. The PROFESSIONAL shall make periodic visits to the Site to observe the
progress and quality of the executed Work and to determine, in general, if the Work is proceeding in
accordance with the Contract Documents.
10.3 Clarifications and Interpretations. The PROFESSIONAL shall issue such written clarifications
or interpretations of the Contract Documents (in the form of Drawings or otherwise) as may be
determined necessary, or as reasonably requested by the CONTRACTOR, which shall be consistent
with, or reasonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR
believes that a written clarification and interpretation entitles it to an increase in the Contract Price,
and/or Contract Time, the CONTRACTOR may make a claim as provided for in Article 11, 12 and 13.
10.4 Rejecting Defective Work. The PROFESSIONAL has the authority to disapprove or reject Work
that is defective. The PROFESSIONAL also has authority to require special inspection or testing of the
Work at the CONTRACTOR’S expense, as provided in Article 14, whether or not the Work is
fabricated, installed or completed.
10.5 Resident Engineer. The PROFESSIONAL may furnish a full or part-time Resident Engineer and
other personnel to assist it in carrying out services at the Site. The duties, responsibilities, and
limitations of authority of any such Resident Engineer and other personnel are set forth in the Special
Conditions, if applicable.
10.6 Decisions on Disagreements. The PROFESSIONAL shall interpret the requirements of the
Contract Documents and determine the acceptability of the Work. If CONTRACTOR disagrees with the
opinion of the PROFESSIONAL, CONTRACTOR shall refer claim, disputes, and other matters relating
to the acceptability of the Work or the interpretation of the requirements of the Contract Documents
initially to the PROJECT MANAGER in writing with a request for a formal decision. The
PROFESSIONAL will render in writing an opinion concerning the request of the CONTRACTOR for a
formal decision and shall submit same to the PROJECT MANAGER. After receipt of the written
opinion of the PROFESSIONAL and all information requested from CONTRACTOR, the PROJECT
MANAGER shall make a recommendation to the DIRECTOR, who shall then render a formal decision
in writing. Written notice of each such claim, dispute, and other matter shall be delivered by the
CONTRACTOR to the PROJECT MANAGER within seven (7) days of the first occurrence of the
circumstances giving rise to the claim, dispute, or other matter. Written supporting data will be
submitted to the PROJECT MANAGER within fifteen (15) days after said first occurrence unless the
PROJECT MANAGER, with the consent of the DIRECTOR, allows additional time. If CONTRACTOR
fails to comply strictly with these notice and submittal time periods, the CONTRACTOR shall be
deemed to have waived its right to assert any claim that the CONTRACTOR might otherwise have had
concerning any such matter.
10.7 Limitations on the Responsibilities of the Professional. Neither the authority of the
PROFESSIONAL to act under this Article or elsewhere in the Contract Documents, nor any decision
made in good faith to exercise such authority, shall give rise to any duty or responsibility of the
PROFESSIONAL to the CONTRACTOR, any SUBCONTRACTOR, or any of their respective agents
or employees.
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10.7.1 The PROFESSIONAL shall not be responsible for the construction means, methods, techniques,
sequences, or procedures or the safety precautions and programs used. The PROFESSIONAL shall not
be responsible for the failure of the CONTRACTOR to perform the Work in accordance with the
Contract Documents.
10.7.2 The PROFESSIONAL shall not be responsible for the acts or omissions of the CONTRACTOR,
any SUBCONTRACTORS, any of their respective agents or employees, or any other persons
performing any of the Work.
ARTICLE 11 – CHANGES IN THE WORK
11.1 Without invalidating the Agreement, PSO may from time to time, order additions, deletions, or
revisions in the Work. The CONTRACTOR shall promptly submit a written proposal for the changed
work prepared in accordance with Articles 12 and 13. If the proposal request calls only for the deletion
of Work, the PROJECT MANAGER, with the consent of the DIRECTOR, may order the partial
suspension of any Work related to the proposed deletion, in which case the CONTRACTOR must cease
performance as directed; the CONTRACTOR shall not be entitled to additional compensation or an
increase in the Contract Time as a result of the suspension. The CONTRACTOR shall not be entitled to
claim lost profits on deleted work. All changed Work shall be executed under the applicable conditions
of the Contract Documents.
11.2 Additional Work performed by the CONTRACTOR without authorization, as represented by a
properly executed Change Order approved by the SHERIFF or his designee, as specified herein, will not
entitle the CONTRACTOR to an increase in the Contract Price or to an extension of the Contract Time,
except in the case of a bona fide emergency as provided in Article 7. No other employee or
representative of PSO including, but not limited to, the PROJECT MANAGER and the DIRECTOR, has
the authority to approve a Change Order on behalf of PSO. The effect of this paragraph shall remain
paramount and shall prevail irrespective of any conflicting provisions contained in these Contract
Documents.
11.3 Upon agreement between the PROJECT MANAGER and the CONTRACTOR as to changes in the
Work to be performed, subject to consent of the DIRECTOR, or with respect to a claim by the
CONTRACTOR for Work performed in an emergency as provided in Article 7, the CONTRACTOR
will prepare a written Change Order to be signed and submitted to the PROJECT MANAGER and/or the
Professional (as directed by the PSO) for transmission by the DIRECTOR to the SHERIFF for approval.
11.4 It is the responsibility of the CONTRACTOR to notify its SURETY of any changes affecting the
general scope of the Work, Contract Price, or Contract Time and to secure the written consent of the
Surety to any such changes.
11.5 In the absence of agreement between the PROJECT MANAGER and the CONTRACTOR or
consent of the DIRECTOR as provided in paragraph 11.3, PSO may, in its sole discretion, issue a
unilateral Change Order to the CONTRACTOR. Pricing of the unilateral Change Order will be in
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accordance with Section 12.1.5. The Change Order will specify a price, and if applicable, a time
extension determined to be reasonable by PSO. If the CONTRACTOR fails to sign said Change Order,
the CONTRACTOR shall nevertheless be obligated to fully perform the work as directed by the Change
Order.
11.6 Should the CONTRACTOR make a claim for an increase in Contract Time or an increase in
Contract Price, then upon the request of the PROJECT MANAGER, the claim shall be accompanied by
an affidavit stating that:
a. The claim is made in good faith;
b. The supporting data have been thoroughly reviewed by the CONTRACTOR and are
accurate and complete to the best knowledge and belief of the CONTRACTOR; and
c. The amount requested accurately reflects the contract adjustment for which the
CONTRACTOR believes PSO is liable.
Absent such affidavit, if requested by the PROJECT MANAGER, the claim will not be considered.
Submission of the affidavit shall be a condition precedent to the commencement by the CONTRACTOR
of any action at law or in equity against PSO.
11.7 If PSO determines the CONTRACTOR has submitted a baseless, frivolous, unsupported,
exaggerated, or otherwise spurious request for a Change Order or Claim, PSO shall deduct from any
amounts due the CONTRACTOR the costs incurred by PSO in reviewing and responding to that Change
Order request or Claim. Deductible costs include, but are not limited to, any costs incurred by PSO or its
PROFESSIONAL to review and respond to the requested Change Order or Claim.
11.8 The CONTRACTOR shall proceed diligently with performance of the Work as directed by PSO,
regardless of pending claims or actions, unless otherwise agreed to in writing.
ARTICLE 12 – CHANGE OF CONTRACT PRICE
12.1 The Contract Price
12.1.1 The Contract Price is as defined in Paragraph 2.1.14. All duties, responsibilities, and
obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without
change in the Contract Price.
12.1.2 The Contract Price represents the total compensation to which the CONTRACTOR may
be entitled under the terms of these Contract Documents, which Contract Price is based upon the
estimated quantities of items listed therein or a lump sum price. The actual total compensation
paid to the CONTRACTOR for the Work described in these Contract Documents may vary due
to:
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a. Adjustments in pay quantity/quantities resulting from changes in item
quantity/quantities; and/or
b. Adjustments in pay quantity/quantities as otherwise permitted by these Contract
Documents.
12.1.3 The Contract Price may only be increased or decreased by a written Change Order. Any
claim for an increase shall be in writing and delivered to the PROJECT MANAGER within
seven (7) days of the first occurrence of the circumstances necessitating an increase. Written
supporting data will be submitted to the PROJECT MANAGER within fifteen (15) days after
said occurrence, unless the DIRECTOR, in his absolute discretion, allows additional time.
12.1.4 Except as provided for in Section 12.1.5, any Change Order adjusting the compensation to
be paid to the CONTRACTOR shall be priced in accordance with the following procedures:
12.1.4.1 Unit Prices Included in the Bid Proposal. The CONTRACTOR and PSO
recognize and acknowledge that the quantities shown for those items designated in the
Bid Proposal (Part III) as unit price items are approximations prepared by PSO for bid
purposes and that the actual compensation payable to the CONTRACTOR for the
utilization of such items is based upon the application of unit prices to the actual
quantities of items involved as measured in the field and required to complete the Project
as originally defined in the Contract Documents. When it is determined by PSO that an
addition, deletion, or revision to the Project, as defined in these Contract Documents, is
required and affects the quantities required for items designated in the Bid Proposal (Part
III) as unit price items, the CONTRACTOR and PSO agree that the compensation
payable to the CONTRACTOR for such unit price items shall be adjusted accordingly by
a Change Order based upon the application of the appropriate unit prices shown in the
Bid Proposal (Part III) to the quantity of the unit price item required to complete the
Project as defined in the Contract Documents.
12.1.4.2 Unit Prices Not Included in the Bid Proposal. Unit prices for items not
designated in the Bid Proposal (Part III), but which have been mutually agreed upon by
PSO and the CONTRACTOR, may be utilized in determining the actual compensation
payable to the CONTRACTOR based upon field measured quantities.
12.1.4.3 Lump Sum. When it is determined by PSO that an addition, deletion, or revision
to the Project is required, resulting in a change in Work designated in the Bid Proposal as
a lump sum item, the amount of increase or decrease in the lump sum price shall be
established by mutual agreement of the parties.
12.1.5 If the pricing methods specified in Article 12.1.4 are inapplicable, or if the parties are
unable to agree on a price for the changed Work, PSO shall establish a reasonable price for the
same in accordance with Article 12.2. PSO shall then process a unilateral Change Order,
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specifying the said reasonable price, in accordance with paragraph 11.5. The CONTRACTOR
shall perform the Work as directed in the Change Order.
12.1.6 Failure on the part of the CONTRACTOR to construct any item to plan, or in conformity
with authorized dimensions and within the specification tolerances set forth herein, shall result
in:
a. Reconstruction to acceptable tolerances, at no additional cost to PSO;
b. Acceptance at no pay; or
c. Acceptance at reduced final pay quantity or reduced unit price, all at the discretion of PSO.
PSO shall make determinations of the aggregate monetary change for items identified as lump sum
quantities based upon an analysis of the score of the failure of the CONTRACTOR to construct to plan
or in conformity with authorized dimensions and within applicable specification tolerances.
12.2 Cost of Work
12.2.1 The term “Cost of Work”, when used in connection with Change Orders, means the costs
necessarily incurred and paid by the CONTRACTOR in the proper performance of the Change
Order Work. Except as may be agreed to in writing by the PROJECT MANAGER, such costs
shall be in amounts no higher than those prevailing in the relevant market for substantially
similar work associated with projects akin to the Project, and shall be limited to the following
categories:
a. Actual cost of Labor (payroll, taxes, fringe benefits, worker’s compensation, health and
retirement benefits, sick leave) to perform change order work;
b. Owned Equipment (at lowest applicable equipment rate manual rate);
c. Rented Equipment (at actual rental rates);
d. Materials;
e. Costs of SUBCONTRACTOR;
f. Extra Bonds and Insurance;
g. Fee of CONTRACTOR (per Article 12.3).
12.2.2 The CONTRACTOR shall require all SUBCONTACTORS and suppliers to comply with
all requirements of, and provide itemizations of, all claims in accordance with this Article.
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12.2.3 The term “Cost of the Work”, when used in connection with Change Orders, shall not
include any of the following:
a. Payroll costs and other compensation of the officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators,
lawyers, auditors, accountants, purchasing and contracting agents, expediters,
timekeepers, job superintendents, Project managers, and clerks of the CONTRACTOR,
and all personnel employed by the CONTRACTOR, whether at the Site, at the principal
office of the CONTRACTOR, at a branch office of the CONTRACTOR, or elsewhere,
for general administration of the Change Order Work and not specifically included in the
agreed-upon schedule of job classifications, all of which are to be considered
administrative costs covered by the Fee of the CONTRACTOR;
b. Extraordinary fringe benefits not specifically identified in Article 12.2;
c. Expenses of the principal and branch offices of the CONTRACTOR, other than the
office of the CONTRACTOR at the Site;
d. Field overhead costs, including, but not limited to, the cost on-site temporary facilities
and the on-site supervision provided by the CONTRACTOR; compensation for these
costs will be considered only if the Final Completion date is extended by a Change Order
or Allowance Authorization Release.
e. Any part of the capital expenses of the CONTRACTOR, including interest on the
capital used by the CONTRACTOR for the Change Order Work and charges against the
CONTRACTOR for delinquent payments;
f. Cost of premiums for all bonds and insurance, whether or not the CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for
additional bonds and insurance required because of changes in the Work).
g. Costs due to the negligence of the CONTRACTOR, any SUBCONTRACTOR, or
anyone directly or indirectly employed by any of them, or for whose acts any of them
may be liable, including, but not limited to, the correction of defective Work, disposal of
materials or equipment wrongly supplied, and correcting for any damage to property;
h. All overhead or general expense costs of any kind (other than as provide in Article
12.3).
12.3 Fee of Contractor
12.3.1 The maximum percentage allowed for the combined overhead (including main office and
field office overhead) and profit of the CONTRACTOR shall be as follows:
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12.3.1.1 For all such Change Order Work done, or to be done, by the CONTRACTOR
alone, a fixed percentage of the total adjustment to the Contract Price shall not exceed ten
percent (10%).
12.3.1.2 For all such Change Order Work done or to be done by SUBCONTRACTORS,
each SUBCONTRACTOR may add up to ten percent (10%) to its allowable cost of Work
for combined overhead and profit and the CONTRACTOR may add up to five percent
(5%) to the allowable cost of work of the SUBCONTRACTOR for its combined
overhead and profit; provided, however, that:
a. No markup of the cost incurred in connection with premiums for bonds or
insurance shall be permitted; and
b. The total maximum markup allowed by Article 12, including but not limited to
the CONTRACTOR, SUBCONTRACTORS, and all lower-tier subcontractors,
shall in no event exceed twenty percent (20%) of allowable costs.
12.3.2 For all changes, the CONTRACTOR shall submit an itemized cost breakdown, together
with supporting data in such detail and form as the PROJECT MANAGER may prescribe from
to time. When a credit is due, the amount of credit to be allowed by the CONTRACTOR to PSO
for any such change which results in a net decrease in cost will be the amount of the actual net
decrease in direct cost as determined by the PROJECT MANAGER, with the consent of the
DIRECTOR, plus the applicable reduction in overhead and profit. When both additions and
credits are involved in any change, the combined overhead and profit shall be calculated on the
basis of the net change, whether an increase or decrease. In any event, the minimum detail shall
be an itemization of all man-hours required by the discipline or trade, with the unit cost per man-
hour and total labor price, labor burden, equipment hours and rate for each piece of equipment,
material by units of measure and price per unit, and all other costs specifically itemized, in
addition to the overhead and profit markup.
12.4 Cash Allowance. It is understood that the Final Total Bid Price, which shall serve as the basis for
the initial Contract Price, includes any allowances named in the Contract Documents. The
CONTRACTOR shall cause the Work to be done, using such SUBCONTRACTORS or suppliers, and
for such sums, within the limit of the allowances, as PSO may approve as provided in Section 21 of the
Contract Documents. Prior to final payment, the Contract Price shall be adjusted, as required, and an
appropriate Change Order issued to reflect actual Authorized expenditures made against the allowances.
The CONTRACTOR agrees that the initial Contract Price includes such sums as it deems proper for all
cost, overhead, and profit required for cash allowances. The CONTRACTOR further agrees that in the
event PSO authorizes only a portion of the Allowance Work, the CONTRACTOR shall only receive the
amount for Work actually performed as set forth in the Contract Documents for cash allowance upon
submittal of the proper documentation. Reductions or increases in the Work will not entitle
CONTRACTOR to any further increase in overhead and profit.
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12.5 Non-Recoverable Items. Notwithstanding any other provision of the Contract Documents, the
parties agree that for any claim filed by the CONTRACTOR on this Project, whether on account of
delay, acceleration, breach of contract or otherwise, PSO will not have any liability for the following
items of damage or expense:
1. Loss of profit, incentives or bonuses;
2. Any claim for other than extra work or delay;
3. Consequential damages, including but not limited to, loss of bonding capacity; loss of bidding
opportunities; loss of credit standing; cost of financing; interest paid; loss of other Project or
insolvency;
4. Acceleration costs and expenses, except where PSO has expressly and specifically directed the
CONTRACTOR in writing “to accelerate at PSO’s expense”; and/or
5. Attorney fees, claims preparation expenses and costs of litigation.
ARTICLE 13 – CHANGE OF CONTRACT TIME
13.1 The Contract Time may only be changed by way of a Change Order. Any request for an extension
in the Contract Time shall be made in writing and delivered to the PROJECT MANAGER within seven
(7) days of the first occurrence of the circumstances giving rise to the claim therefore. A change of
Contract Time does not automatically qualify as grounds for additional compensation for the
CONTRACTOR except under the conditions specified in Article 12, 12.1.2. Written supporting data
will be submitted to the PROJECT MANAGER within fifteen (15) days after such occurrence unless the
PROJECT MANAGER, with the consent of the DIRECTOR allows additional time. All claims
submitted by the CONTRACTOR for adjustments to the Contract Time must set forth in detail the
reasons for, and causes of, the delay, and clearly indicate why the subject delay was beyond the control
or fault of the CONTRACTOR.
13.1.1 If the CONTRACTOR is delayed at any time in the performance, progress,
commencement, or completion on the Work by any act or neglect of PSO or the
PROFESSIONAL, or by any employee of either of them, or by any third-party contractor
employed by PSO, or by changes ordered in the Work, or by labor disputes, fire, unavoidable
casualties, utility conflicts which could not have been identified or foreseen by the
CONTRACTOR through the exercise of reasonable diligence, or any causes beyond the control
or fault of the CONTRACTOR, then the Contract Time shall be extended by Change Order for
such reasonable time as PSO may determine. The CONTRACTOR shall be entitled to an
extension of time for such causes, but only for the number of days of delay which PSO may
determine to be solely due to such causes, and then only to the extent that such causes actually
delay the completion of the Project, and only if the CONTRACTOR shall have strictly complied
with all the requirements of the Contract Documents. Notwithstanding anything in the Contract
Documents to the contrary, no interruption, interference, inefficiency, suspension or delay in the
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performance, progress, commencement or completion of the Work for any cause whatsoever,
including those for which PSO or the PROFESSIONAL may be responsible in whole or in part,
shall relieve the CONTRACTOR of the duty to perform, or give rise to any right to damages or
additional compensation from PSO. The sole and exclusive remedy of the CONTRACTOR
against PSO for interruption, interference, inefficiency, suspension or delay of any aspect of the
Work shall be the right to seek an extension of the Contract Time in accordance with the
procedures set forth herein. This paragraph shall apply expressly to claims for early completion,
as well as claims based upon late completion.
13.1.2 The CONTRACTOR shall become familiar with, and prepare for, the normal weather
conditions existing in Pasco County, Florida throughout the course of any given year. Normal
weather conditions are expected to impact the Work in numerous ways, including, but not
limited to, those impacts caused by delays during and after periods of rainfall, temporary
flooding and ponding, wet ground, high winds and debris. For purposes of this Article 13, the
term “normal weather conditions”, includes both high rainfall caused by periodic “El Niño”
events and low rainfall caused by periodic drought conditions. By execution of the Agreement
(Part IV), the CONTRACTOR acknowledges that the Contract Time constitutes a sufficient time
in which to complete the Work, and that the bid and subsequent schedule of the CONTRACTOR
anticipates and includes unfavorable weather conditions which may occur during the Contract
Time. The consequences and impact of such unfavorable weather conditions are neither
excusable nor compensable.
13.1.2.1 If adversely affected by a hurricane or other extreme weather event for which the
Governor of the State of Florida or the Pasco County Board of County Commissioners
has declared to have created an emergency within the geographical area which includes
the site of the Work, then PSO may, but is not obligated to, approve a request by the
CONTRACTOR for an extension of the Contract Time. The CONTRACTOR
acknowledges that the following conditions must all have taken place before the
CONTRACTOR may apply for a Change Order requesting additional time to compensate
for delays due to extreme weather events:
a. Unfavorable weather conditions from a hurricane or other extreme weather
event, for which an emergency has been declared by the Governor or the Pasco
County Board of County Commissioners, actually existed at the Project Site for
one or more workdays;
b. As a direct result of the unfavorable weather conditions at the Project Site, the
CONTRACTOR was unable to perform critical path Work for a continuous
period of more than eight (8) hours on each specific day;
c. The CONTRACTOR had taken precautions, such as, but not limited to, proper
drainage, temporary drainage or diversion, and pumping (including pre- and post-
shift pumping) to mitigate the impact of such unfavorable weather conditions;
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d. The CONTRACTOR was scheduled, and actually attempted, to perform Work;
and
e. The CONTRACTOR took prudent, appropriate, and necessary steps to secure
the site, including, but not limited to, securing, and storing materials and
equipment, and removing materials and equipment, in advance of unfavorable
weather conditions.
13.1.3 All time limits stated in the Contract Documents are of the essence of this Agreement.
The provisions of this Article, however, shall under no circumstance preclude recovery of
liquidated damages by PSO.
13.1.4 As a condition precedent to receiving an extension of the Contract Time for delay on any
portion of the Work, the CONTRACTOR shall reasonably reschedule the Work so as to
minimize the impact of the delay and to allow continued progress on the unaffected portions of
the Work.
ARTICLE 14 – WARRANTY AND GUARANTEE: ACCEPTANCE OF DEFECTIVE WORK
14.1 Warranty and Guarantee. The CONTRACTOR warrants and guarantees to PSO that all materials
and requirements will be new unless otherwise specified, and that all Work will be of good quality,
performed in a workmanlike manner, free from faults or defects, and in accordance with the
requirements of the Contract Documents and any inspections, tests, or approvals referred to in this
Article for a minimum period of one year following the date of Final Acceptance. To the extent the
Work may be required in order to achieve and maintain compliance with any permit issued by any
federal or state authority (e.g., mitigation planting required as a condition of a permit by the Southwest
Florida Water Management District) and no written final approval by said authority has been received
within one year following Final Acceptance, the CONTRACTOR shall warrant and guarantee that
portion of the Work beyond one (1) year and until such time as written final approval has been issued by
the applicable authority. All unsatisfactory Work, all faulty Work, and all Work not conforming to the
requirements of the Contract Documents, or to such inspections, tests, approvals, or to any and all
applicable building, construction and safety requirements, shall be considered defective. The PROJECT
MANAGER shall give notice of all defects to the CONTRACTOR. All defective Work, whether or not
in place, may be rejected, corrected, or accepted as provided in this Article.
14.2 Tests and Inspections
14.2.1 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority with jurisdiction over the Contractor or the Work require the Work, or any portion
thereof, to be specifically inspected, tested, or approved by someone other than the
CONTRACTOR, the CONTRACTOR shall give the PROJECT MANAGER timely Notice
when the Work to be tested is ready for testing. The testing firm(s) shall be supplied by the
CONTRACTOR, subject to the approval of the PSO in its absolute discretion, and all
inspections, tests, or approvals to be provided by the CONTRACTOR shall be timely identified
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in writing by the CONTRACTOR to the PROJECT MANAGER. For all required inspections,
tests, and approvals on any Work prepared, performed, or assembled away from the Site, the
CONTRACTOR will furnish the PROJECT MANAGER with the required certificates of
inspection, testing, or approval. All such tests will be in accordance with the methods prescribed
by the American Society for Testing and Materials or such other applicable organizations as may
be required by law or by the Contract Documents. Prior to testing, the CONTRACTOR shall
secure the written approval of the PROFESSIONAL as to the testing for or laboratory to conduct
any tests. Materials or Work in place that fail to pass acceptability tests, or where the test results
provided by the CONTRACTOR appear to PSO to be unreliable in any way, shall be retested by
a testing firm selected by PSO, through the PROJECT MANAGER upon the instructions of the
DIRECTOR, and at the sole expense of the CONTRACTOR.
14.2.2 Neither observations by the PROFESSIONAL or the PROJECT MANAGER, nor
inspections, tests, or approvals by persons other than the CONTRACTOR, shall relieve the
CONTRACTOR of the obligation to perform the Work in accordance with the requirements of
the Contract Documents.
14.3 Access to the Work. For the duration of the Project, the PROFESSIONAL and representatives
thereof, other designated representatives of PSO, and authorized representatives of any regulatory
agency with jurisdiction over the Work or any aspect thereof, shall at all times be given access to the
Work. The CONTRACTOR shall provide proper facilities for such access and observation of the Work,
and also for any inspection or testing by others.
14.4 Uncovering the Work
14.4.1 If any Work required to be inspected, tested or approved is covered prior thereto without
the prior written approval of the PROJECT MANAGER, or if any Work is covered contrary to
the request of the PROJECT MANAGER, the Work shall, if requested by the PROJECT
MANAGER, be uncovered for observation, inspection, testing or approval, and replaced at the
sole expense of the CONTRACTOR.
14.2.2 If any Work has been covered which either the PROFESSIONAL or the PROJECT
MANAGER has not specifically requested to observe, or if the PROFESSIONAL or the
PROJECT MANAGER considers it necessary or advisable that covered Work be inspected or
tested by others, the CONTRACTOR, upon the written request of the PROJECT MANAGER,
shall uncover, expose, or otherwise make available for observation, inspection, or testing that
portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is
found that such Work is defective, the CONTRACTOR alone shall bear the expense of such
uncovering, exposure, observation, inspection, testing, and satisfactory reconstruction. If,
however, such Work is not found to be defective, the CONTRACTOR shall be allowed an
increase in the Contract Price, or an extension of the Contract Time, or both, to the extent
directly attributable to such uncovering, exposure, observation, inspection, testing, and
reconstruction, but only if the CONTRACTOR initiates a claim as provided in Articles 11, 12
and 13.
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14.5 Stop Work. When Work is defective, or when the CONTRACTOR fails to supply sufficient
skilled workmen or suitable materials or equipment, or to make prompt payments to
SUBCONTRACTORS for labor, materials, or equipment, or if the CONTRACTOR violates any
provision of these Contract Documents, the DIRECTOR may order the CONTRACTOR to stop the
Work until the cause for such order has been eliminated. However, this right of the DIRECTOR to stop
the Work shall not give rise to any duty on the part of the DIRECTOR to exercise this right for the
benefit of the CONTRACTOR or any other party. The CONTRACTOR shall have no right to claim an
increase in the Contract Price or Contract Time or other damages for a stop work order issued under this
paragraph.
14.6 Correction or Removal of Defective Work
14.6.1 When directed by PSO or its PROJECT MANAGER, the CONTRACTOR shall
promptly, without cost to PSO and as specified by PSO or its PROJECT MANAGER, either
correct the defective Work whether fabricated, installed, or completed, or remove it from the Site
and replace it with non-defective Work. If the CONTRACTOR does not correct such defective
Work or remove and replace such defective Work within a reasonable time, all as specified in a
written notice from PSO or its PROJECT MANAGER, PSO may have the deficiency corrected.
All direct and indirect costs of such correction shall be paid by the CONTRACTOR or deducted
from payment to CONTRACTOR. The CONTRACTOR will also bear the expense of correcting,
or removing and replacing all Work of others destroyed or damaged by the correction, removal,
or replacement of the defective Work.
14.6.2 After approval of final payment, and prior to the expiration of one (1) year after the date
of Final Completion, or such longer period of time as may be prescribed by law or by the terms
of any applicable special guarantee required by the Contract documents, if any Work is found to
be defective, incomplete, or otherwise not in accordance with the Contract Documents, the
CONTRACTOR shall promptly, without cost to PSO and in accordance with the written
instructions of PSO, either correct such defective Work, or if it has been rejected by PSO,
remove it from the Site and replace it with non-defective Work. If the CONTRACTOR does not
promptly comply with the terms of such instructions, PSO may have the defective Work
corrected, removed, or replaced. The CONTRACTOR will pay all direct and indirect costs of
such action.
14.7 Acceptance of Defective Work. If, instead of requiring the correction, or the removal and
replacement, of defective Work, the PSO prefers to accept it, PSO may do so, in their sole discretion. In
such case, if acceptance occurs prior to approval of final payment, a Change Order incorporating the
necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price,
shall be issued. If the acceptance occurs after approval of final payment, the CONTRACTOR shall pay
to PSO an appropriate sum to compensate for the defect in the Work.
14.8 Neglected Work by Contractor
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14.8.1 If the CONTRACTOR neglects to execute the Work in accordance with the Contract
Documents, including any requirements of the progress schedule, the PROJECT MANAGER
may direct the CONTRACTOR to submit a recovery plan and take specific corrective actions
including, but not limited to, employing additional workmen, and/or equipment, and working
extended hours and additional days, all at no cost to PSO, in order to put the Project back on
schedule. If the CONTRACTOR fails to correct the deficiency or take appropriate corrective
action, PSO may terminate the Contract or the right of the CONTRACTOR to proceed with that
portion of Work and may have the Work done by others. The cost of completion under such
procedure shall be charged against the CONTRACTOR. A Change Order shall be issued
incorporating the necessary revisions in the Contract Documents, including an appropriate
reduction in the Contract Price. If the payments due the CONTRACTOR are not sufficient to
cover such amount, the CONTRACTOR shall pay the difference to PSO.
14.8.2 When the CONTRACTOR is more than ten percent (10%) behind schedule, based on the
approved Project Schedule, the PROJECT MANAGER may deduct from any progress payment
to the CONTRACTOR a sum equal to the liquidated damages for the number of days behind
schedule. Additional withholding may be made if the PROJECT MANAGER determines the
Work cannot be completed for the unpaid balance of the Contract Price.
14.8.3 Should the CONTRACTOR work weekends or holidays to regain the schedule, all costs
to PSO of associated inspections, construction management and resident engineering shall be
identified to the CONTRACTOR, and the Contract Price shall be reduced by a like amount via
Change Order.
ARTICLE 15 – PAYMENT AND COMPLETION
15.1 Schedule of Values
15.1.1 Prior to submitting the first Draft Payment Request, the CONTRACTOR shall submit to
the PROJECT MANAGER a final Schedule of Values and, if previously requested by the
PROJECT MANAGER, cash flow projection for all activities of the Work shown on the
accepted schedule, including quantities and unit prices totaling to the Contract Price. This
Schedule of Values shall be satisfactory in form and substance to the PROJECT MANAGER and
the DIRECTOR, and shall subdivide the Work into component parts in sufficient detail to serve
as the basis for measuring quantities in place and calculating amounts for progress payments
during construction. Unsupported or unreasonable allocation of the Contract Price to any one
activity shall be justification for rejection of the Schedule of Values. Upon approval of the
Schedule of Values by the PROJECT MANAGER, with the consent of the DIRECTOR, it shall
be incorporated into the most recent PSO-approved Application for Payment form. The
CONTRACTOR shall not submit an unbalanced Schedule of Values that provides for
overpayment to the CONTRACTOR on activities that would be performed first. The Schedule of
Values shall be revised, as necessary, and resubmitted until acceptable to PROJECT MANAGER
and the DIRECTOR. Once the schedule has been accepted by the PROJECT MANAGER, with
the consent of the DIRECTOR, PSO reserves the right, at its exclusive option, to require at any
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time that the CONTRACTOR honors a particular price contained in the Schedule of Values, if
the activity pertaining to it is being deleted or modified.
15.1.2 On unit price contracts, the Schedule of Value shall be in accordance with the Bid
Proposal (Part III).
15.1.3 No payment can be made, and no Draft Payment Request or Application for Payment
submitted or accepted, until the PROJECT MANAGER with the consent of the DIRECTOR has
approved the Schedule of Values, including the activity dollar resources and the
CONTRACTOR has submitted a copy of the recorded Performance and Payment Bonds. Every
Draft Payment Request and Application for Payment shall delineate all activities on the schedule,
the approved value, previous Work completed, current percentage complete requested, and value
of percentage requested.
15.1.4 The cash flow projection, if required, shall be a monthly projection of the value of Work
in place. If the actual cash flow (represented by the Application for Payment) for any month is
less than eighty-five percent (85%) of the projected amount for that month, then the
CONTRACTOR may be barred from bidding on other PSO projects until the value of Work in
place is corrected and within at least ninety-five (95%) of the projected value.
15.2 Draft Payment Requests and Application for Payment
15.2.1 As a strict condition precedent to the submission of any Application for Payment, the
CONTRACTOR shall first submit to the PROJECT MANAGER a Draft Payment Request,
which shall be on the most recent PSO-approved Application for Payment form, and clearly
designated by the word “DRAFT” in the top-right corner of each page. The Draft Payment
Request shall include all documentation that the CONTRACTOR must submit in connection
with the Application for Payment, including a proposed Schedule of Values that properly reflects
all Work to the date of the request. The PROJECT MANAGER shall promptly review the Draft
Payment Request and proposed Schedule of Values for possible errors, deficiencies,
discrepancies, or disputes. If the PROJECT MANAGER, with the consent of the DIRECTOR,
determine(s) that the Draft Payment Request and proposed Schedule of Values are acceptable as
originally submitted, the PROJECT MANAGER shall, within ten (10) business days of their
receipt, direct the CONTRACTOR in writing to prepare and submit the Application for Payment,
all in proper form and suitable for signature, to the designated reviewer named below. The
PROJECT MANAGER shall also provide a contemporaneous copy of that notice to the
designated reviewer. If the PROJECT MANAGER, with the consent of the DIRECTOR,
determines that errors, deficiencies, discrepancies, or disputes exist as to any of the amounts
claimed by the CONTRACTOR, the PROJECT MANAGER shall promptly notify the
CONTRACTOR in writing of the existence thereof, and the PROJECT MANAGER and the
CONTRACTOR shall work informally and in good faith to resolve the problems identified.
Should a complete resolution not be achieved within ten (10) business days following the receipt
by the PROJECT MANAGER of the Draft Payment Request and proposed Schedule of Values,
then the PROJECT MANAGER shall notify in writing the designated reviewer as to the
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unresolved matters, and the CONTRACTOR may proceed to prepare and submit the Application
for Payment to the designated reviewer.
The designated reviewer for this Project shall be:
Pasco Sheriff’s Office
ATTN: Captain Justin Ross
7432 Little Road
New Port Richey, FL 34654
727-844-7718
15.2.2 Application for Payment shall be made no earlier than thirty (30) days after the Contract
Time has commenced, and monthly thereafter, but not more often than once a month. The
Application for Payment, when submitted, shall be filled out accurately and signed by the
CONTRACTOR, covering the Work completed as of the date of the Application and supported
by such data as required by PSO. The CONTRACTOR shall certify in writing that all
SUBCONTRACTORS and suppliers have been paid for acceptable Work and materials from
previous progress payments received; less any retainage, prior to the receipt of any further
progress payments. The CONTRACTOR shall submit an Application for Payment on the most
recent PSO-approved form, and which shall include the aforementioned certification. If payment
is requested on the basis of materials or equipment not incorporated in the Work, but delivered
and suitably stored at the Site or at another location agreed to in writing, the Application for
Payment shall also be accompanied by such supporting data as will establish the title of PSO to
the material and equipment and protect its interest therein, including applicable insurance.
Payment for stored materials, in whole or in part, shall be at the sole discretion of PSO. The
CONTRACTOR may request payment by electronic funds transfer (EFT). Each Application for
Payment after the first payment must also be accompanied by an inclusive Record of Change
Order (RCO) listing requested Change Orders and the final Change Order cost through
completion of PROJECT.
15.2.3 Upon receipt by the designated reviewer, the Application for Payment shall be date-
stamped “Received”. If the Reviewer determines the Application for Payment to be deficient in
any respect, it shall so notify the PROJECT MANAGER in writing within fifteen (15) business
days of the date the Application for Payment was stamped as received by PSO, specifying the
deficiencies and the requisite action to render the Application for Payment proper. The
deficiencies to be identified by the Reviewer shall specifically include disputed portions of the
total amount claimed by the CONTRACTOR. Upon receipt of notice from the Reviewer, the
PROJECT MANAGER shall immediately, and in no event more than twenty (20) business days
of the date the Application for Payment was stamped as received by PSO, forward a copy of the
written determination by the Reviewer to the CONTRACTOR and request that the Application
for Payment be corrected. In the event the deficiency in the Application for Payment relates
solely to a disputed portion of the total amount claimed, PSO shall pay the undisputed portion
within twenty (20) business days of the date the Application for Payment was stamped as
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received by the PSO. Any Application for Payment that has been corrected as to deficiencies
identified by the Reviewer shall be paid within ten (10) business days of the date the corrected
Application for Payment was stamped as received by PSO; otherwise, the CONTRACTOR shall
be notified within that time of the failure to correct the deficiencies and shall be afforded a
second opportunity to correct the Application for Payment. If, following the second attempt by a
CONTRACTOR to submit a proper Application for Payment, PSO continues to find the
Application for Payment deficient; it shall so notify the CONTRACTOR in writing within ten
(10) business days of when the corrected Application for Payment was received by PSO. The
CONTRACTOR shall thereafter have thirty (30) calendar days in which to request an
administrative review of the dispute, submitting a concise written summary of its position and
any supporting documents to the SHERIFF by an acceptable delivery method. Acceptable
delivery methods are limited to the following: 1) hand delivery; 2) pre-paid, certified United
States first-class mail, return receipt requested; 3) a nationally recognized overnight courier
service, such as Federal Express. Delivery shall be to:
Sheriff Chris Nocco
Pasco Sheriff’s Office
8700 Citizens Drive
New Port Richey, Florida 34654
The SHERIFF or his authorized designee, which designee shall not be directly affiliated with the
Project, shall review the materials submitted by the CONTRACTOR and may solicit and
consider relevant information and materials from the managing DEPARTMENT. The SHERIFF
or authorized designee shall render a final decision on behalf of PSO within sixty (60) calendar
days of the date the second corrected Application for Payment was stamped as received by PSO.
Should the CONTRACTOR fail to submit a first or second corrected Application for Payment,
or otherwise fail to request an administrative review on a timely basis, the CONTRACTOR shall
be deemed to have waived any claims in dispute.
15.2.4 As a strict precedent to payment of the first Application for Payment, the CONTRACTOR
must provide a certified copy of the recorded Performance and Payment Bonds for the Project, if
not previously provided to PSO.
15.2.5 Beginning with the second request of the CONTRACTOR for payment, the
CONTRACTOR shall submit a properly executed Waiver of Lien – Progress Payment (Waiver
of Lien), on the most recent PSO-approved form, from each SUBCONTRACTOR whose work
appeared on the prior Application for Payment, and for which the CONTRACTOR has been
paid. All unpaid or contested amounts must be listed on each Application for Payment until paid
or resolved. If the CONTRACTOR is unable to obtain the required Waiver of Lien, a properly
executed Written Consent from the SURETY for the CONTRACTOR may be accepted in lieu
thereof. In the event the CONTRACTOR is unable to furnish either a Waiver of Lien from a
SUBCONTRACTOR or the Written Consent from the SURETY, PSO may withhold the
disputed amount until the CONTRACTOR can provide one of these two documents.
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15.3 Retainage
15.3.1 All progress payments shall be subject to a ten percent (10%) retainage until the Project is
fifty (50%) complete and in place as determined by PSO. When fifty percent (50%) of the Work
is complete and in place, the CONTRACTOR may submit a written request to the PROJECT
MANAGER to reduce the retainage on future progress payments to five percent (5%) for the
remaining Work. The PROJECT MANAGER, with the consent of the DIRECTOR, may approve
this request provided, however, that the Work has been carried out to the satisfaction of the
PROJECT MANAGER. After fifty percent (50 %) of the Project is complete and in place, the
CONTRACTOR may submit a payment application for up to one-half of the retainage held on
the Project. After such payment is made, all remaining retainage shall be requested by the
CONTRACTOR as a component of the Final Payment. Nothing herein shall limit the
DIRECTOR’s discretionary authority to release retainage held by PSO as provided in Section
218.735(8), F. S.
15.3.2 The CONTRACTOR agrees that if PSO does not withhold retainage from a payment to
the CONTRACTOR, the CONTRACTOR will not withhold retainage from the
SUBCONTRACTORS who are due funds out of that payment. The CONTRACTOR further
agrees that after fifty percent (50%) completion is reached, the CONTRACTOR will not retain
more than five percent (5%) from its SUBCONTRACTOR’S payments. All retainage released
by the DIRECTOR to the CONTRACTOR shall be released on a pro rata basis to
SUBCONTRACTORS.
15.4 Warranty of Title of CONTRACTOR. If at any time there shall be evidence of any claim for
which, if established, PSO might become liable, and which may be chargeable to the CONTRACTOR,
or if the CONTRACTOR shall incur any liability to PSO, or PSO shall have any claim or demand
against the CONTRACTOR, of any kind or for any reason, whether related to or arising out of this
Agreement or any other agreement between the CONTRACTOR and PSO, and whether or not reduced
to judgment or award, PSO shall have the right to retain out of any payment due the CONTRACTOR, or
which may become due to the CONTRACTOR, under this Agreement or any other Agreement between
the CONTRACTOR and PSO, an amount sufficient to indemnify PSO against such claim, and/or to
compensate PSO for, and fully satisfy, such liability, claim or demand, and to charge or deduct all cost
of defense or collection with respect thereto, including, but not limited to, reasonable attorneys’ fees,
expert consultant fees, and expert witness fees. Should any claim develop after final payment has been
made, the CONTRACTOR shall refund to PSO all monies that the latter may be compelled to pay in
discharging such claims, or that the latter may have incurred in collecting said monies from the
CONTRACTOR.
15.5 Rejection of Applications for Payment by the Director. The DIRECTOR or higher authority
may refuse to approve the whole or any part of any payment if, in the opinion of the DIRECTOR or
higher authority, the DIRECTOR or higher authority is unable to make the representation that the
Application for Payment is acceptable to PSO. The DIRECTOR or higher authority may also refuse to
approve any such Application for Payment or because of subsequently discovered evidence, or the
results of subsequent inspections or tests, nullify any such payment previously approved to such extent
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as may be necessary, in the opinion of the DIRECTOR or higher authority, to protect PSO from loss
because:
a. The Work is defective;
b. The Critical Path Method (CPM) schedule or another method of scheduling, as
directed, and regular updates, as described in the Technical Specifications, have not been
submitted or accepted;
c. Claims have been filed against PSO for which the CONTRACTOR may be liable;
d. The Contract Price has been reduced because of Change Order(s);
e. PSO has been required to correct defective Work or to complete the Work in
accordance with Article 14;
f. Approved Maintenance of Traffic Plan (MOT) or revisions thereto, as directed by the
PROJECT MANAGER, have not been submitted;
g. The Work was executed unsatisfactorily, or the CONTRACTOR failed to clean up as
required in Article 7, failed to control dust, failed to control traffic, or otherwise has
failed to comply with these Contract Documents.
15.6 Substantial Completion. When the CONTRACTOR believes Substantial Completion has been
achieved on the Project, the CONTRACTOR shall certify in writing to the PROJECT MANAGER that
the entire Project is substantially complete in accordance with the Contract Documents and that all test
reports required under the Contract verifying compliance with the Contract Documents have been
provided to PSO and request that the PROJECT MANAGER issue a Certificate of Substantial
Completion. Thereafter, the PROJECT MANAGER, assisted by other personnel as required, along with
the CONTRACTOR, shall undertake an inspection of the Project to determine the status of completion
in accordance with the contract specifications. After inspection, if the PROJECT MANAGER does not
believe Substantial Completion has been attained with respect to the Project, the PROJECT MANAGER
will notify the CONTRACTOR in writing, giving specific reasons why the Project is not substantially
complete. If the PROJECT MANAGER considers the Project substantially complete, then upon
approval by the DIRECTOR, the PROJECT MANAGER shall issue a Certificate of Substantial
Completion signed by the DIRECTOR. This Certificate of Substantial Completion shall fix the date of
Substantial Completion and will define the remaining deficiencies with respect to the elements outlined
in the specifications of this Contract.
15.6.1 Substantial Completion cannot occur until all conditions necessary for safe and proper
use, occupancy, maintenance and operations and other requirements required for Substantial
Completion are in place.
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15.7 Partial Utilization. Where a portion of a Project is sufficiently completed to allow Beneficial
Occupancy, but any significant other portions(s) remain(s) uncompleted, the PROJECT MANAGER,
with the consent of the DIRECTOR, may direct the CONTRACTOR to permit PSO to take control of
the sufficiently completed portions(s), and to operate and utilize said portion(s) by taking Beneficial
Occupancy thereof, if PSO believes such use will not significantly interfere with construction of the
other parts of the Project. If the CONTRACTOR is of the opinion that said Beneficial Occupancy is not
in the best interests of PSO, it shall give PSO Notice of such an opinion, include with said Notice a
statement of every reason that certification of Beneficial Occupancy should not be issued. Otherwise, the
CONTRACTOR shall certify to PSO that all critical elements of that part of the Project are sufficiently
complete to allow PSO to take Beneficial Occupancy thereof, and request the PROJECT MANAGER to
prepare a Certificate of Beneficial Occupancy for said portion(s) of the Project. Thereafter, the
PROJECT MANAGER, assisted by other personnel as required, along with CONTRACTOR, shall
make an inspection of said portion(s) of the Project to determine the status of completion. If the
PROJECT MANAGER considers the portion(s) of the Project so inspected to be ready and appropriate
for Beneficial Occupancy, then with the consent of the DIRECTOR, the PROJECT MANAGER will
deliver to the CONTRACTOR a Certificate of Beneficial Occupancy to that effect, fixing the date of
Beneficial Occupancy as to said portion(s) of the Project, attaching punch list of items to be completed
or corrected before final payment on the total Contract, and fixing responsibility between PSO and
CONTRACTOR for any outstanding obligations on that part of the Project. PSO shall have the right to
occupy and use the portion(s) of the Project after date of Beneficial Occupancy for the portion(s)
covered by the Certificate of Beneficial Occupancy, but the PROJECT MANAGER will allow the
CONTRACTOR reasonable access to complete or correct items on the list. Acceptance of Beneficial
Occupancy shall not negate the obligation of the CONTRACTOR to meet any milestone requirements,
including the respective dates of Substantial Completion and Final Completion for the entire Project, as
said dates may have been set forth in the Contract Documents. Although Beneficial Occupancy may be
established for a portion of the Project, warranties for that portion shall not commence until the date of
Final Acceptance by PSO, unless the Contract Documents expressly provide otherwise.
15.8 Final Completion
15.8.1 Upon written notice from the CONTRACTOR that the Project is complete, the PROJECT
MANAGER shall schedule a final inspection with the CONTRACTOR and any other personnel
requested by the PROJECT MANAGER. The PROJECT MANAGER shall, if necessary, notify the
CONTRACTOR in writing of any Work this inspection reveals to be defective, or otherwise not in
accordance with the Contract Documents. Should the CONTRACTOR receive notice of such defective
or non-conforming Work, the CONTRACTOR shall immediately take all such action as may be
necessary to remedy these defects and bring the Project into full compliance with the Contract
Documents, following which the CONTRACTOR shall request another such inspection, subject to the
procedures and conditions set forth in this paragraph.
15.8.1.1 Final Completion of the Work shall be deemed achieved by the CONTRACTOR when
all Work required under the Contract Documents has been satisfactorily completed in accordance
with the contract specifications.
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15.8.2 After the PROJECT MANAGER has determined that all Work has been completed, the
PROJECT MANAGER, with the approval of the DIRECTOR, will issue a Certificate of Final
Completion for the Work signed by the DIRECTOR. Warranties will commence on the date of
Final Completion.
15.9 Application for Final Payment. After PROJECT MANAGER has issued the Certificate of Final
Completion for the Work, the CONTRACTOR may make Application for Final Payment, following the
procedure for progress payments. The final Draft Payment Request and Application for Payment shall
be accompanied by an Affidavit of Payment of Debts and Claims by the CONTRACTOR, a
Subcontractor’s Waiver of Lien – Final Payment for each Subcontractor, as applicable, as well as the
Certificate of Final Completion, Certificate of Occupancy or of Beneficial Occupancy (if appropriate),
and the Consent of Surety to Final Payment when required, all submitted on forms provided by PSO.
Where Certificates of Beneficial Occupancy have been issued for portions of the Project in accordance
with Article 15.7, they shall be maintained in the Project file.
15.10 Approval of Final Payment. If, on the basis of the observations and review of Work during
construction by the PROJECT MANAGER, the final inspection; a review of the Draft Payment Request,
and all conditions required by the Contract Documents for Final Acceptance, the DIRECTOR, upon the
recommendation of the PROJECT MANAGER, is satisfied that the Work has been completed and the
CONTRACTOR has fulfilled all of its obligations under the Contract Documents (including but not
limited to the submission of final as-built plans in hard copy and PDF form and all warranties), the
PROJECT MANAGER will, within twenty (20) days of receipt of the Draft Payment Request shall, in
writing, direct the CONTRACTOR to prepare and submit the final Application for Payment, all in
proper form and suitable for signature, to the designated reviewer, and provide a contemporaneous copy
of this written notice to the designated reviewer. Processing shall thereafter proceed pursuant to
paragraph 15.2.3 hereof If the PROJECT MANAGER, with the consent of the DIRECTOR, determines
that errors, deficiencies, discrepancies, or disputes exist as to any of the amounts claimed by the
CONTRACTOR, the PROJECT MANAGER shall, in writing, promptly notify the CONTRACTOR of
the existence of any such errors, deficiencies, discrepancies, or disputes, and the CONTRACTOR shall
work informally and in good faith to resolve the problems identified. Should a complete resolution not
be achieved within twenty (20) business days following the receipt by the PROJECT MANAGER of the
Draft Payment Request and proposed Schedule of Values, then the PROJECT MANAGER shall notify
in writing the designated reviewer as to the unresolved matters, and the CONTRACTOR may proceed to
prepare and submit the final Application for Payment to the designated reviewer for processing in
accordance with paragraph 15.2.3 hereof.
15.11 Continuing Obligation of the CONTRACTOR. The obligation of the CONTRACTOR to
perform the Work and complete the Project in accordance with the Contract Documents shall be
absolute. The approval by PSO of any progress payment or Final Payment, the issuance of a Certificate
of Substantial Completion, any payment by PSO to the CONTRACTOR under the Contract Documents,
any use or occupancy of the Project or any part thereof by PSO (with or without issuance of a Certificate
of Beneficial Occupancy), the issuance of a Certificate of Final Completion, the occurrence or absence
of any act of acceptance by PSO, or any correction of defective Work by PSO shall not constitute, or be
deemed or construed to constitute, an acceptance of Work not in accordance with the Contract
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Documents, as amended by any properly executed Change Order(s) issued during the term of the
Contract.
15.12 Waiver of Claims. The making of an Application for Final Payment, or acceptance of Final
Payment, shall constitute an absolute waiver of any and all claims by the CONTRACTOR against PSO,
except for those previously submitted in writing in accordance with the Contract Documents.
15.13 Liquidated Damages. When the CONTRACTOR is in default for nonperformance within the
stipulated Contract Time, including any intermediate Milestone Dates, the PROJECT MANAGER will
notify the CONTRACTOR in writing within thirty (30) days after the intermediate Milestone Date,
Substantial Completion Date, or Final Completion Date, and shall deduct the daily liquidated damages
in the amount stated in the Contract Documents from any monies due the CONTRACTOR. The
DIRECTOR, however, retains discretion to recommend to the SHERIFF or his designee that any portion
or all of the liquidated damages be waived in order to advance the best interests of PSO. The deduction
of liquidated damages shall be in addition to any retainage withheld. Additional liquidated damages, if
any, may be indicated in the circumstances referenced in Subpart C, Technical Specifications, of this
Part II of the Contract Documents. Any failure of PSO to provide written notice to the CONTRACTOR
within the applicable thirty (30) day period of its intent to assess liquidated damages shall not constitute
a waiver of the right of PSO to liquidated damages, or otherwise relieve the CONTACTOR of liability
for liquidated damages.
ARTICLE 16 – SUSPENSION OF WORK AND TERMINATION
16.1 Suspension of Work. The DIRECTOR may, at any time, suspend the Work or any portion thereof
for a continuous period of not more than ninety (90) days by issuing to the CONTRACTOR a Notice of
Suspension. The PROJECT MANAGER, with the consent of the DIRECTOR, shall fix the date on
which Work shall be resumed, and the CONTRACTOR shall resume the Work on the date so fixed. The
CONTRACTOR shall be allowed an extension of the Contract Time, if directly attributable to any such
suspension, as the sole compensation and remedy for the suspension, provided it makes a proper claim
for same as provided for in Article 13. The CONTRACTOR shall, under no circumstances, be entitled to
any damages or additional compensation for any such suspensions.
16.2 Termination of Work
16.2.1 If the CONTRACTOR is adjudged bankrupt or insolvent, if it makes a general assignment
for the benefit of its creditors, if a trustee or receiver is appointed for it or for any of its property,
if it files a petition to take advantage of any debtor’s act or to reorganize under the bankruptcy or
similar laws, if it repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or make prompt payments to SUBCONTRACTORS, or prompt payments for labor,
materials, or equipment; if it disregards laws, ordinances, rules, regulations, or orders of any
public body having jurisdiction; if it fails to submit the bonds and Certificates of Insurance
within the times required by Article 6 of this Agreement; if it disregards the authority of the
PROFESSIONAL; or if it otherwise materially violates any provisions of the Contract
Documents, then SHERIFF or his designee may, without prejudice to any other right or remedy
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and after giving the CONTRACTOR and its SURETY seven (7) days written notice, terminate
the services of the CONTRACTOR. Upon termination, PSO shall take possession of the Project,
and may take possession of all materials, equipment, tools, construction equipment, and
machinery thereon owned by the CONTRACTOR, and may finish the Work by whatever method
it may deem expedient. In such case, the CONTRACTOR shall not be entitled to receive any
further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds
the direct and indirect cost of completing the Project, including compensation for additional
professional services, such excess shall be paid to the CONTRACTOR. If such cost exceeds the
unpaid balance, the CONTRACTOR shall pay the difference to PSO. Such cost incurred by PSO
shall be incorporated in a Change Order. If, after the issuance of Notice of Termination of this
Agreement, it is determined for any reason that the CONTRACT was not in default, or that its
default was excusable, or PSO was not entitled to the remedy against CONTRACTOR provided
herein, the termination will be deemed to be a termination for convenience pursuant to paragraph
16.2.3, and the remedies of the CONTRACTOR against PSO shall be the same as, and limited
to, those afforded under said paragraph.
16.2.2 Where the services of the CONTRACTOR have been so terminated pursuant to paragraph
16.2.1 by PSO, said termination shall not affect any rights of PSO against the CONTRACTOR
then existing, or which may thereafter accrue. Any retention or payment of monies by PSO due
the CONTRACTOR will not release the CONTRACTOR from any liability whatsoever.
16.2.3 Termination for Convenience
16.2.3.1 In return for good and valuable consideration in the amount of $100.00, the
receipt of which is acknowledged by the CONTRACTOR, PSO may terminate the
required performance of Work by the CONTRACTOR under this Agreement, in whole or
in part, whenever PSO shall determine that such complete or partial termination is in the
best interest of PSO. Any such termination shall be effected by delivery to the
CONTRACTOR of a Notice of Termination for Convenience, specifying the extent to
which the performance of Work under the Agreement shall be terminated, and the date
upon which such termination shall be effective.
16.2.3.2 After receipt of a Notice of Termination for Convenience, and except as
otherwise directed by PSO, the CONTRACTOR shall:
a. Stop Work under this Agreement on the date, and to the extent, specified in the
Notice of Termination for Convenience;
b. Place no further orders or subcontracts for materials, services, or facilities,
except as may be necessary for the full and proper completion of that portion of
the Work under this Agreement not to be terminated;
c. Terminate all orders and subcontracts to the extent that they relate to the
performance of Work terminated by the Notice of Termination for Convenience;
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d. In the sole and absolute discretion of PSO, the CONTRACTOR shall either:
i. Assign to PSO, in the manner, at the time, and to the extent directed by
the PROJECT MANAGER, with the consent of the DIRECTOR, all of the
right, title, and interest of the CONTRACTOR under some or all of the
orders and subcontracts so terminated; or
ii. Settle all outstanding liabilities and all claims arising out of such
termination of unassigned orders and subcontracts.
e. Transfer title and deliver to PSO, in the manner, at the times and to the extent,
if any, directed by the PROJECT MANAGER, with the consent of the
DIRECTOR, the fabricated or un-fabricated parts, work in process, completed
work, supplies, and other material produced as a part of, or acquired in connection
with the performance of the Work terminated by the Notice of Termination for
Convenience.
f. Complete performance of that part of the Work not terminated by the Notice of
Termination for Convenience.
g. Take all such action as may be necessary or prudent, or as PSO may direct, for
the protection and preservation of the property related to this Agreement which is
in the possession of the CONTRACTOR and in which PSO has, or may acquire,
an interest.
16.2.3.3 After the receipt of a Notice of Termination for Convenience, the
CONTRACTOR shall submit to PSO its termination claim. Such claim shall be
submitted promptly, but in no event later than four (4) months from the effective date of
termination, unless one or more extensions in writing are granted by the DIRECTOR in
his absolute discretion. No claim will be allowed for machinery and equipment rental
expense incurred after the effective date of the Notice of Termination for Convenience.
Upon the failure of the CONTRACTOR to submit its termination claim within the time
allowed, PSO shall determine, on the basis of information available to it, the amount, if
any, due to the CONTRACTOR by reason of the Termination for Convenience.
16.2.3.4 The CONTRACTOR and PSO may agree upon the whole or any part of the
amount or amounts to be paid to the CONTRACTOR by reason of the complete or partial
Termination for Convenience, which amount or amounts may include a reasonable
allowance for profit on Work done; provided, that such agreed amount or amounts,
exclusive of settlement costs, shall not exceed the total Contract Price as reduced by the
amount of payments otherwise made, and as further reduced by the Contract Price of
Work not terminated. The Agreement shall be amended accordingly, and the
CONTRACTOR shall be paid the agreed amount.
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16.2.3.5 In the event of the failure of the CONTRACTOR and PSO to agree, as provided
in paragraph 16.2.3.4, on the whole amounts to be paid to the CONTRACTOR by reason
of any Termination for Convenience, PSO shall determine, on the basis of information
available to it, with respect to all Work performed prior to the effective date of the Notice
of Termination for Convenience, the total (without duplication of any items) cost of such
work and a sum, as profit, equal to seven (7) percent of said cost of the Work; provided,
however, that if it appears that the CONTRACTOR would have sustained a loss on the
entire Contract had it been completed, no profit shall be included or allowed, and an
appropriate adjustment shall be made, reducing the amount of the settlement to reflect the
indicated rate of loss. In no event will the CONTRACTOR be entitled to recover any
anticipated or lost profit.
16.2.3.6 The total sum to be paid to the CONTRACTOR shall not exceed the total
Contract Price, as reduced by the amount of payment otherwise made, and as further
reduced by the Contract Price of Work not terminated. Except for normal spoilage, and
except to the extent that PSO shall have otherwise expressly assumed the risk of loss,
there shall be excluded from the amounts payable to the CONTRACTOR the fair value,
as determined by PSO, of property which has been destroyed, lost, stolen, or damaged so
as to become undeliverable to PSO.
16.2.3.7 In arriving at the amount due the CONTRACTOR following a Termination for
Convenience, there shall be deducted:
a. All unliquidated advance or other payments on account theretofore made to the
CONTRACTOR, applicable to the terminated portion of this Agreement;
b. Any claim which PSO may have against the CONTRACTOR in connection
with this Agreement; and
c. The agreed price for, or the proceeds from the sale of, any materials, supplies,
or other things kept by the CONTRACTOR or sold, pursuant to the provisions
hereof, and not otherwise recovered by, or credited to, PSO.
16.3 Cross-Default. Should the CONTRACTOR be determined by PSO to be in default of this
Agreement, such default shall constitute a default of all other contracts to which PSO and the
CONTRACTOR may be a party. PSO, as a result, may pursue any and all remedies available to it up to
and including termination of all such contracts between the parties.
ARTICLE 17 – MISCELLANEOUS
17.1 All specifications, drawings, and copies furnished by PSO shall remain the property of PSO. They
shall not be used by anyone other than PSO on any other Project and, with the exception of those sets
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that have been signed in connection with the execution of the Agreement, shall be returned to PSO upon
completion of the Project.
17.2 Should PSO or the CONTRACTOR suffer injury or damage to their respective persons or property
because of any error, omission, or act of the other, or of any of their respective employees, agents, or
others for whose acts they may be legally liable, claim should be made in writing to the other party
within a reasonable time of the first observance of such injury or damage.
17.3 If the Contract Price exceeds $100,000, the CONTRACTOR shall comply with all the requirements
of Section 114 of the Clean Air Act (42 USC 7414 et seq.), as amended, and with Section 308 of the
Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended.
17.4 Pending resolution of any claim or dispute between PSO and the CONTRACTOR, unless otherwise
agreed in writing by PSO, the CONTRACTOR shall proceed diligently with Performance of the Project
as directed by PSO, and PSO may continue to make payments in accordance with the Contract
Documents.
17.5 Project Representative. PSO may furnish a Project Representative and assistants to aid the
PROJECT MANAGER in carrying out the responsibilities of the PROJECT MANAGER at the Site.
17.6 Historical or Archaeological Deposits. If, during the course of construction, evidence of deposits
of historical or archaeological interest is found, the CONTRACTOR shall cease immediately operations
affecting the find, and shall notify the PROJECT MANAGER, who shall notify the Regional Office of
the Environmental Protection Agency and the State Historic Preservation Office. No further disturbance
of the deposits shall ensue until CONTRACTOR has received written instructions from the PROJECT
MANAGER. The PROJECT MANAGER will issue written instructions only after the state office has
surveyed the find and made a determination to the Environmental Protection Agency and PSO.
Compensation to CONTRACTOR, if any, for changes in construction shall be determined in accordance
with changed conditions or change order provisions of the Contract Documents; provided however, in
no event will the CONTRACTOR be entitled to damages or additional compensation for any delays
incurred, and the sole remedy of the CONTRACTOR shall be to seek an extension of the Contract Time
pursuant to the provisions of the Contract Documents.
17.7 Compliance with Federal Immigration Laws. The CONTRACTOR by signing the contract will
comply with all applicable federal, state and local laws, rules, regulations and guidelines, related to
performance under this Agreement. In particular, the CONTRACTOR by signing the Contract verifies
and affirms that it is in compliance with 8 USC Sec. 1342 prohibiting the employment either directly or
by contract or exchange of unauthorized aliens by any CONTRACTOR during the term of the
Agreement a violation of the Immigration and Nationality Act. Such violation shall be cause for
unilateral cancellation of this Agreement by PSO.
17.8 Pesticides, Herbicides and Fertilizer Application. For those projects requiring the application of
pesticides, herbicides and fertilizers, the Contractor must have and maintain at his expense certificates
and licenses issued by the Florida Department of Agriculture and Consumer Services (FDACS) for all
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pesticides, herbicides or fertilizers applicators he/she is planning to use to provide the services
contracted herein. Current copies of licensees shall be provided upon demand at any time during the
contact period.
17.9 Federal No-Lead Standards. The Contractor shall comply with the “Safe Drinking Water Act”
regulatory standards and any applicable regulations for lead content in all materials that will be in
contact with potable water during the course of the Project.
ARTICLE 18 – MAINTENANCE OF RECORDS
18.1 The CONTRACTOR shall keep adequate records and supporting documentation applicable to this
Project and Agreement. Said records and documentation shall be retained by the CONTRACTOR for a
minimum of five (5) years from the date of final completion or termination of this Agreement. PSO shall
have the right to audit, inspect, and copy such records and documentation, and any and all such records
of the CONTRACTOR as may relate to this, or any other, Project and Agreement between the
CONTRACTOR and PSO, or to any legal, administrative, or other action brought against PSO by the
CONTRACTOR or any other person, as often as PSO deems necessary, during the period of this
Agreement and for a period of five (5) years thereafter; provided, however, such activity shall be
conducted only during normal business hours. PSO during this period of time shall also have the right to
obtain a copy of and otherwise inspect any audit made at the direction of the CONTRACTOR as
concerns the aforesaid records and supporting documentation. The CONTRACTOR shall, at all times,
take all reasonable steps necessary to ensure and to enforce the right of PSO to access the aforesaid
documentation.
18.2 PUBLIC RECORDS. CONTRACTOR shall comply with the requirements of Florida's Public
Records Act, Chapter 119, Florida Statutes. To the extent required by Section 119.0701, Florida
Statutes, CONTRACTOR shall (a) keep and maintain public records required by the PSO to perform the
service under the Agreement; (b) upon request from the PSO’s custodian of public records provide PSO
with a copy of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided for under Florida's Public Records law; (c) ensure
that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if CONTRACTOR does not transfer the records to PSO; and (d)
upon completion of the contract, transfer, at no cost to PSO, all public records in possession of
CONTRACTOR. Upon transfer, CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records requirements. All records stored electronically
must be provided to PSO in a format that is compatible with the information technology systems of
PSO. All documentation produced as part of this Agreement will become the property of PSO. At the
end of this Agreement, all documents kept and maintained by Contractor shall be provided to PSO, at no
cost to PSO. This paragraph shall survive the expiration or termination of this Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
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CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS (ROGERICK GREEN) AT (727) 847-5878,
[email protected], 8700 CITIZENS DR., NEW PORT
RICHEY, FL 34654.
Under Florida law, a Contractor who fails to provide the public records to PSO within a reasonable time
may be subject to penalties under Section 119.10, Florida Statutes, and such non-compliance will
constitute a breach of the Agreement and may serve as grounds for termination of this Agreement.
ARTICLE 19 – APPRENTICES AND TRAINEES
19.1 When apprentices and trainees are utilized by the CONTRACTOR on the Work pursuant to this
Agreement, the CONTRACTOR shall be governed by the provisions of Chapter 446, Florida Statutes.
ARTICLE 20 – EQUAL OPPORTUNITY COMPLIANCE PROVISIONS
20.1 During the performance of this Agreement, the CONTRACTOR agrees as follows.
20.1.1 General. The CONTRACTOR shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, national origin, age, handicap or marital
status.
20.1.2 Sanctions. In the event the CONTRACTOR fails to comply with any nondiscrimination
provision of this Agreement or with any such laws, regulations or orders, this Agreement may be
cancelled, terminated, or suspended, in whole or part, and the CONTRACTOR may be declared
ineligible for further PSO contracts.
20.1.3 Subcontractors. The CONTRACTOR shall include the provisions of paragraphs 20.1.1
and 20.1.2 in every subcontract under this Agreement so that such provisions will be binding
upon each SUBCONTRACTOR. The CONTRACTOR will take such action with respect to any
SUBCONTRACTOR as PSO may direct as a means of enforcing such provisions, including
sanctions for noncompliance.
20.1.4 Federal Requirements. In the event this Agreement is funded, in whole or in part, from
any federal governmental agency or source, the specific terms, regulations, and requirements
governing the disbursement of these funds shall be incorporated by reference herein and become
a part of this clause.
20.1.5 Equal Opportunity Laws, Regulations, and Requirements Throughout the term of this
Agreement, the CONTRACTOR shall not violate any of the following federal or state laws,
regulations, and requirements:
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a. Federal
1. Section One of the Fourteenth Amendment to the United States Constitution.
2. Title VI of the Civil Rights Act of 1964.
3. Civil Rights Restoration Act of 1987.
4. Title VII of the Civil Rights Act of 1964, as amended by the Equal
Employment Opportunity Act of 1972 and 1975.
5. Civil Rights Acts of 1866 and 1870.
6. Standards for a Merit System of Personnel Administration, 45 CFR 70.
7. Revised Order Number 4, 41 CFR 60-2.10.
8. Rehabilitation Act of 1973, P.L. 93-112.
9. Interagency Agreement dated March 23, 1973.
10. Executive Order 11914, Nondiscrimination with Respect to the Handicapped
in federally assisted programs.
11. Age Discrimination Act of 1975, amended by P.L. 94-135.
12. Civil Rights Act of 1968. P.L. 90-284.
13. Veterans Readjustment Act.
14. Section 14001 of Consolidated Omnibus Budget Reconciliation Act of 1985,
(State and Local Assistance Act of 1972, as amended)
15. Office of Management and Budget Circular A-102, Attachment O.
16. Age Discrimination in Employment Act, as amended.
17. Federal Civil Rights Act of 1991.
18. Americans with Disabilities Act.
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b. State
1. State Constitution (Preamble) and Section 13.251 (Powers and Purposes)
protects citizens from discrimination because of race, national origin and religion.
2. Florida Statutes, Chapter 112.041, requires non-discrimination in employment
by counties and municipalities because of race, color, national origin, sex,
handicap, or religious creed.
3. Florida Statutes, Chapter 112.043, prohibits age discrimination in employment.
4. Florida Statutes, Chapter 413.08, prohibits discrimination against physically
disabled persons in employment.
5. Florida Statutes, Chapter 448.07, prohibits wage rate discrimination based on
sex.
6. Florida Civil Rights Act of 1992.
ARTICLE 21 – ALLOWANCES
21.1 Allowance Categories. Because of the size, complexity and nature of the Project, the SHERIFF
has determined it is in the best interest of the PSO to establish certain allowance categories for various
portions of additional or revised work. The Allowance Work may consist of, but is not limited to, the
following:
a. General Site Work (for any scope of work gap between Civil Site Preparation and this
project;
b. Private Provider Inspections (PPI)
The Allowance Work is included in the Contract Price and the Contract Work, and shall be performed in
full compliance with all requirements of the Contract Documents. The Contract Time also includes a
number of calendar days reserved for performance of Allowance Work in accordance with this Article,
calculated as follows: twenty percent (20%) of days allocated from the date the Contract Time
commences to Final Completion (as awarded),or sixty (60) days, whichever is less, unless otherwise
specified in the Contract Documents. The election of the Contractor’s performance of Allowance Work
and the allocation of Contract Time for such Allowance Work shall be within the sole discretion of PSO.
21.2 Authorized Expenditures and Allocations of Time. All charges and time for Allowance Work
must be pre-approved in writing by SHERIFF or his designee. Said written pre-approval shall be in the
form of an Allowance Authorization Release (AAR), which shall describe in detail the Allowance Work
to be performed, the time, if any, required, and the price for the Allowance Work, and shall contain the
authorized signature of the SHERIFF or his designee. If the CONTRACTOR proceeds to perform any
Allowance Work without the required AAR, the CONTRACTOR shall be deemed to have waived any
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rights it might otherwise have had to additional compensation or additional time, or both, for such
Allowance Work. Any monies designated for Allowance Work remaining upon the completion of all
Work shall be deducted from the Contract Price by an approved Change Order.
21.3 Pricing of Allowance Work. When PSO has determined that it wishes to have the
CONTRACTOR perform certain Allowance Work, the PROJECT MANAGER shall provide the
CONTRACTOR with an allowance proposal request, identifying the Allowance Work to be performed,
and requesting the CONTRACTOR to submit a price for such proposed Allowance Work. The
CONTRACTOR shall submit a price for the proposed Allowance Work in a timely fashion, but in no
event shall the CONTRACTOR expend more than five (5) days within which to submit its price on the
proposed Allowance Work, unless the PROJECT MANAGER, with the consent of the DIRECTOR,
permits a longer period of time. The CONTRACTOR shall prepare its price for the proposed Allowance
Work in accordance with the pricing procedures established for Change Orders under Article 12.
21.4 Allocation of Contract Time. If the CONTRACTOR requests an allocation of Contract Time for
performance of Allowance Work, the CONTRACTOR shall state with particularity in its response to the
allowance proposal request of PSO the reasons for its request and the manner in which performance of
Allowance Work will affect the Contract schedule. The CONTRACTOR shall be entitled to an
allocation of time for performance of Allowance Work only for the number of the days that the
SHERIFF or his designee determine to be appropriate, and then only to the extent such performance
affects the ability of the CONTRACTOR to meet contract milestone dates. The SHERIFF or his
designee may not allocate more Contract Time for all Allowance Work hereunder than the number of
calendar days designated for Allowance Work in the Agreement. If PSO and CONTRACTOR agree on
the time to be allocated for performance of Allowance Work, the time shall be stated in the AAR. The
SHERIFF or his designee may adjust any milestone dates affected by allocation of time for Allowance
Work and shall state such adjusted milestone dates in the AAR. CONTRACTOR shall not be entitled to
damages for delays or disruptions caused by performance of Allowance Work hereunder. An approved
Change Order shall be used to deduct any time designated for Allowance Work remaining at the
completion of all Work from the Contract Time.
21.5 Disputes as to Price or Time. If PSO and CONTRACTOR agree on the price for proposed
Allowance Work but cannot agree on the amount of time for such Work, or vice-versa, then the item
agreed upon shall be stated in the AAR.
ARTICLE 22 – DISPUTE RESOLUTION
22.1 Governing Law. The Contract Documents shall be governed by and interpreted according to
Florida law.
22.2 Venue and Jurisdiction. Any action brought under this Agreement or with respect to any claim
arising from the subject matter thereof shall be brought and heard in a state court of competent
jurisdiction at the West Pasco Judicial Center in New Port Richey, Pasco County, Florida. If the claim(s)
that form the basis for any such action must be adjudicated in federal court, then venue for that action
shall be in the United States District Court for the Middle District of Florida, Tampa Division.
GC - 57
22.4 Notice of Claim; Contractor Books and Records. As a condition precedent to the initiation by
the CONTRACTOR of any claim (regardless of how such a claim or demand shall be entitled by the
CONTRACTOR) against PSO through administrative proceedings or in arbitration, or to the filing of
any action in law or equity against PSO, the CONTRACTOR shall, at least sixty (60) days in advance
thereof, provide Notice to PSO of its intent to pursue said claim, and for a period not less than fifteen
days during the first (45) days following the date of the Notice, deliver to the PSO General Counsel at
8700 Citizens Drive, New Port Richey for inspection and copying, all of the original books and records
in the possession or control of the CONTRACTOR which may be related, directly or indirectly to the
claim or action, regardless of whether PSO has affirmatively and expressly requested the same. In lieu of
delivering the original books and records, the CONTRACTOR may, at its own expense, deliver to said
PSO General Counsel at 8700 Citizens Drive, New Port Richey complete and legible photocopies of all
such original books and records within thirty (30) days of the date of the Notice; however, nothing
herein shall be construed to curtail the rights of PSO to, inter alia, inspection and copying under Article
18 hereof.
REST OF PAGE LEFT INTENTIONALLY BLANK
GC - 58
BOND NO.
PART II
EXHIBIT A
PUBLIC CONSTRUCTION BOND
Name of Contractor:
Principal Business Address:
Telephone: ( )
Facsimile: ( )
Name of Surety:
Principal Business Address:
Telephone: ( )
Facsimile: ( )
GC - 59
Contractor of Property Being Improved:
Pasco Sheriff’s Office
Attn: Purchasing Manager
19415 Central Boulevard
Land O’ Lakes, Florida 34637
Telephone No. (813) 235 - 6011
Contracting Public Entity (if different from Owner): (N/A)
Contract Number Assigned:
(Bid No.): 2FY20
Description of Project (including if applicable, a legal description and the street address of the property being improved and a general description of the improvement):
Construction of three buildings comprising a K9 Training Campus,
10241 Charles Bo Harrison Way, Land O’ Lakes, Florida 34637
BOND NO._________________
GC - 60
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We _____________________________________, as Principal and
_____________________________, a corporation, as Surety, are bound to ______________,
herein called Owner, in the sum of $ _________________, for payment of which we bind
ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated _________________, between Principal and Owner
for construction of K9 Training Campus, (hereinafter the “Contract”), the Contract being made
a part of this bond by reference, at the times and in the manner prescribed in the Contract; and
2. Promptly makes payment to all claimants, as defined in Section 255.02(1), Florida
Statutes, supplying Principal with labor, materials or supplies used directly or indirectly by
Principal in the prosecution of the work provided for in the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including
appellate proceedings, that Owner sustains because of a default by Principal under the Contract;
and
4. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the contract, then this bond is void; otherwise it remains in full force.
Any action instituted by a claimant under this bond for payment must be in accordance
with the notice and time limitation provisions in Section 255.05(2), Florida Statutes.
Any changes in or under the Contract documents (including extension of time, alternatives
or additions to the terms of the Contract or specifications referred to within), and compliance or
noncompliance with any formalities connected with the Contract or the changes does not affect
Surety’s obligation under this bond, and it does hereby waive notice of any such changes,
extension of time, alterations or additions to the terms of the Contract or to work or to the
specifications.
THIS BOND IS DATED THIS day of ,20 __ (the date of issue
by the Surety or by the Surety's agent and the date of such agent's power-of-attorney).
ATTEST: PRINCIPAL: ________________________________
BY: ________________________________(SEAL)
Witness Authorized Signature (Principal)
GC - 61
Witness Printed Name
Title of Person Signing Above
-OR-
BY: (SEAL)
Witness As Attorney in Fact (Attach Power)
Witness Printed Name
Business Address
( )
Business Telephone
GC - 62
NOTARY ACKNOWLEDGMENT
STATE OF }
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as
applicable, complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [
] limited liability company, organized under the laws of [State] , and who severally
and duly acknowledged the execution of such instrument as aforesaid on behalf of the
corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
GC - 63
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
Said person is personally known to me or has produced as
identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal, as
applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
____
Serial number (if any) ATTEST: SURETY:
Printed Name
Business Address
BY: (SEAL) Witness Authorized Signature Witness Printed Name
-OR-
GC - 64
BY: (SEAL) Witness As Attorney in Fact (Attach Power) Witness Printed Name License Number of Agent COUNTERSIGNED (if applicable): Signed Agency Name ( ) Agent's License No Telephone Agency Mailing Address ( ) Agency Telephone No. ( ) Agency Fax No.
NOTARY ACKNOWLEDGMENT
STATE OF }
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as
applicable, complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
GC - 65
of [Corporation or Company Name] , a [check one] [ ] corporation [
] limited liability company, organized under the laws of [State] , and who severally
and duly acknowledged the execution of such instrument as aforesaid on behalf of the
corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
Said person is personally known to me or has produced as
identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal, as
applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
GC - 66
BOND NO.
PART II
EXHIBIT B
PAYMENT BOND FORM
Name of Contractor:
Principal Business Address:
Telephone: ( )
Facsimile: ( )
Name of Surety:
Principal Business Address:
Telephone: ( )
Facsimile: ( )
Obligee of Property Being Improved:
GC - 67
Pasco Sheriff’s Office
Attn: Purchasing Manager
19415 Central Boulevard
Land O’ Lakes, Florida 34637
Telephone No. (813) 235 - 6011
Contracting Entity: (N/A) ____
Contract Number Assigned:
(Bid No.): 2FY20
Description of Project (including if applicable, a legal description and the street address of the property being improved and a general description of the improvement):
Construction of three buildings comprising a K9 Training Campus,
10241 Charles Bo Harrison Way, Land O’ Lakes, Florida 34637
GC - 68
BOND NO._________________
PAYMENT BOND
I. KNOW ALL PERSONS BY THESE PRESENTS: That ___________________________,
as Principal, whose address is ,
and , as Surety, whose
address is , are
held and firmly bound unto the Pasco Sheriff’s Office, as Obligee in the sum of $
, for the payment whereof we bind ourselves, our heirs, executors, personal
representatives, successors and assigns, jointly and severally, firmly by these presents.
II. WHEREAS, the Principal has entered into a contract with Obligee, dated the _ day
of , 20 _, for K9 Training Center; in accordance with
drawings and specifications, which contract is by reference made a part hereof, and is
hereinafter referred to as the Contract.
III. A. NOW THEREFORE, THE CONDITION OF THIS BOND IS THAT IF THE PRINCIPAL:
1. Shall promptly make payments to all claimants as defined in section 255.05(1),
Florida Statutes, supplying the Principal with labor, materials, or supplies, as
used directly or indirectly by the Principal in the prosecution of the work provided
for in the Contract; and
2. Shall pay the Obligee for all losses, damages, expenses, costs, and attorney's
fees, including those resulting from appellate proceedings, that the Obligee
sustains because of a default by the Principal in contravention to the Contract in
regard to payment for such labor, materials, or supplies furnished to the
Principal; then this Bond is void; otherwise, this Bond remains in full force and
effect.
B. BE IT FURTHER KNOWN:
1. Any changes in or under the Contract and compliance or noncompliance with
any formalities connected with the said Contract or alterations which may be
made in the terms of the said Contract, or in the work to be done under it, or the
giving by the Obligee of any extension of time for the performance of the said
Contract, or any other forbearance on the part of the Obligee or Principal to the
GC - 69
other, shall not in any way release the Principal and the Surety, or either or any
of them, their heirs, their personal representatives, their successors or their
assigns from liability hereunder, notice to the Surety of any such changes,
alterations, extensions or forbearance being hereby waived.
2. Certain claimants seeking the protection of this Bond must timely comply with
the strict requirements set forth in section 255.05, Florida Statutes, and as
otherwise provided by law.
3. As concerns payment for labor, materials and supplies, as affects certain
claimants, no legal action shall be instituted against the Principal or Surety on
this Bond after one (1) year from the performance of labor or the completion of
delivery of the materials or supplies as is specifically mandated pursuant to
section 255.05, Florida Statutes.
THIS BOND IS DATED THIS day of , 20 (the date of issue
by the Surety or by the Surety's agent and the date of such agent's power-of-attorney).
ATTEST: PRINCIPAL:
BY: (SEAL) Witness
Authorized Signature (Principal)
Witness Printed Name
Title of Person Signing Above
GC - 70
-OR-
BY: (SEAL)
Witness As Attorney in Fact (Attach Power)
Witness Printed Name
Business Address
( )
Business Telephone
GC - 71
NOTARY ACKNOWLEDGMENT
STATE OF }
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as
applicable, complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [
] limited liability company, organized under the laws of [State] , and who severally
and duly acknowledged the execution of such instrument as aforesaid on behalf of the
corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
GC - 72
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
Said person is personally known to me or has produced as
identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal, as
applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
GC - 73
ATTEST: SURETY:
Printed Name
Business Address
BY:
(SEAL)
Witness Authorized Signature
Witness Printed Name
-OR-
BY:
(SEAL)
Witness As Attorney in Fact (Attach Power)
Witness Printed Name
GC - 74
License Number of Agent
COUNTERSIGNED (if applicable):
Signed Agency Name
( )
Agent's License No Telephone Agency Mailing Address
( )
Agency Telephone No.
( )
Agency Fax No.
GC - 75
NOTARY ACKNOWLEDGMENT
STATE OF }
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as
applicable, complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [
] limited liability company, organized under the laws of [State] , and who severally
and duly acknowledged the execution of such instrument as aforesaid on behalf of the
corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
GC - 76
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
Said person is personally known to me or has produced as
identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal, as
applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
GC - 77
PART II
EXHIBIT C
CERTIFICATE OF INSURANCE
GC - 78
PART II
EXHIBIT D
ENDORSEMENT
Named Insured
Endorsement #
Policy Symbol
Policy #
Policy Period
Effective Date of Endorsement
Issued by (Name of Insurance Company)
It is agreed that this policy is hereby amended as indicated. All other terms and conditions of this policy remain unchanged.
1. AMENDMENT -- NOTICE OF CANCELLATION OR MATERIAL CHANGE (DESIGNATED CONTRACT)
Only with respect to your contract scheduled herein, should any of the above -described policies be canceled or materially changed before the expiration date thereof, the Issuing Company will mail 30 days’ prior written notice to the Certificate Holder named therein.
2. AMENDMENT -- ADDITIONAL INSURED (DESIGNATED CONTRACT)
Only with respect to your contract scheduled herein, Pasco Sheriff’s Office has been named as Additional Insured as respects the General and Automobile Liability Policies described herein.
GC - 79
3. AMENDMENT -- LIMITS OF LIABILITY
The limits of liability apply specifically to any liability claims arising during the course of this project.
CONTRACT SCHEDULE AND DESCRIPTION OF PROJECT
Authorized Agent Date .
GC - 80
PART II EXHIBIT E
CONTRACTOR APPLICATION FOR PAYMENT
FROM PASCO SHERIFF’S OFFICE
(Please See Instructions at Page 8 / GC - 87)
Section 1 – General Information and Current Payment Status
Project Title: K9 Training Campus
Bid No. 2FY20
Task Name (if applicable):
Payment Application No.
For Period From: To:
CONTRACTOR:
Address:
Remittance Name:
Address:
GC - 81
AAR SUMMARY
AAR No. Date Approved by SHERIFF or his
designee
Additive Deductive
TOTALS
GC - 82
CHANGE ORDER SUMMARY
C.O. No. Date Approved by SHERIFF or designee Additive Deductive
TOTALS
GC - 83
CONTRACT STATUS
Initial Contract Price
$
Net Change By Change Orders
(Additive Total Minus Deductive Total)
$
Contract Price To Date
$
Value of Work in Place
$
Value of Stored Materials
$
Total Earned
$
Retainage At %
$
Total Earned Less Retainage
$
Less Previous Payments
$
Less
$
Current Payment Total
$
GC - 84
Section 2 – Contractor Certification
The undersigned authorized representative certifies, on behalf of the above-referenced
CONTRACTOR, and under penalty of perjury:
1. All amounts and items shown on this application are correct, and the requested Current
Payment Total is $ ;
2. Any work performed, or materials supplied have been in accordance with the Contract
Documents for the above-referenced Project.
3. The CONTRACTOR has clear title to any materials and equipment for which the
CONTRACTOR is requesting payment as stored materials;
4. All amounts paid by PSO to the CONTRACTOR in previous progress payments have
been applied by the CONTRACTOR and its SUBCONTRACTORS to promptly pay, in
proportionate amounts, all SUBCONTRACTORS, sub-subcontractors, suppliers, and
others who have contributed work, equipment, or materials listed included in line items
listed in the Schedule of Values of the previous Payment Applications, except as indicated
on Attachment 1 hereto, which is incorporated herein by reference, and consists of
page(s);
5. The CONTRACTOR shall apply any sums paid by PSO from this Application for
Payment to SUBCONTRACTORS, sub-subcontractors, suppliers, and others who have
contributed work, equipment, or materials included in line items listed in the Schedule of
Values attached hereto (less retainage, if applicable), except as indicated on
Attachment 2 hereto, which is incorporated herein by reference, and consists of
page(s).
ATTEST: CONTRACTOR:
By: By:
Title: Title:
GC - 85
STATE OF }
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as
applicable, complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [
] limited liability company, organized under the laws of [State] , and who severally
and duly acknowledged the execution of such instrument as aforesaid on behalf of the
corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
Said person is personally known to me or has produced as
identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal, as
applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
GC - 86
Section 3 – Certification by PSO and PROFESSIONAL
Based on on-site observations and the data comprising this Application for Payment, the
undersigned certifies that the Work in the above-referenced Project has progressed to the point
indicated herein and to the best of my knowledge, information, and belief, is in accordance with
the Contract Documents, thereby entitling the CONTRACTOR to payment of the amount certified
herein.
REVIEWER:
By: Date:
PROJECT MANAGER:
By: Date:
PROFESSIONAL
By: Date: __________
GC - 87
INSTRUCTIONS FOR COMPLETING APPLICATION FOR PAYMENT
This form will be completed by the CONTRACTOR each time payment is requested in connection with the Project. This Application for Payment shall be accompanied by a Schedule of Values providing line-item detail for the project, Attachment 1, and Attachment 2.
Section 1: This section will be completed by the CONTRACTOR. The CONTRACTOR
must provide all the information indicated on the form as a condition of
processing and payment.
Section 2: This section will be completed by the CONTRACTOR. In this section, the
CONTRACTOR shall provide certification with respect to the
representations made in Section 1. The certification will be provided in
accordance with the Contract Documents.
Section 3: This section must be completed by PSO Staff and/or the PROFESSIONAL
designated by PSO. The approval of the PROJECT MANAGER will always
be provided. If the PROFESSIONAL is not responsible for the activities to
be certified, “N/A” shall be inserted in the designated signature space.
GC - 88
Part II Exhibit E
Attachment 1 - Application for Payment
GC - 89
Attachment 2 - Application for Payment
GC - 90
PART II EXHIBIT F
CONTRACTOR’S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS
Note: The General Contractor shall attach this statement to the Application for Final Payment. KNOW ALL MEN BY THESE PRESENTS that ____________________________________________________________ __ (Name of General Contractors Principal, Officer or Authorized Representative) the _______________________________________________________ ___ (Title of General Contractors Principal, Officer or Authorized Representative) of ________________________________________________________ ___ (Name of General Contractor) whose principal address is _________________________________________________________ _____ (Address of General Contractor) on penalty of perjury, hereby affirms that pursuant to the provisions of the contract for Project No: 2FY20 Project Name: K9 Training Campus
All monies owed all subcontractors and material suppliers have been paid in full and that no outstanding debts or claims against the above Project exist. ATTEST: PRINCIPAL, OFFICER or
AUTHORIZED REP.: ______________________________ ______________________________ WITNESS ________________________________ WITNESS
GC - 91
STATE OF ____________ }
}ss COUNTY OF _________ } The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this ____ day of _______________, 20__ by ___________________________________, Partner (or Agent) on behalf of , a partnership or as individual. He / She is personally known to me or who has produced ___________ as identification. ____________________________________
Signature of person taking acknowledgment ____________________________________
Name typed, printed or stamped ____________________________________
Title or rank ____________________________________
Serial number (if any) (NOTARY SEAL)
GC - 92
PART II EXHIBIT G SUBCONTRACTOR'S WAIVER OF RIGHT TO
CLAIM AGAINST THE PAYMENT BOND (Attachment to General Contractor's Application for Payment No. )
(PROGRESS PAYMENT)
Note: The General Contractor shall attach this statement to each Application for Payment beginning with the second Application for Payment. This statement is applicable to each subcontractor whose work appeared on the prior Application for Payment for which the General Contractor has been paid.
The undersigned:
(Name of Subcontractor Representative),
the (Title of Subcontractor Representative)
of (Name of Subcontractor),
the principal address for which is , in
consideration of receipt of the sum of $____________________, hereby waives its right to claim
against the payment bond for labor, services or materials furnished through ______________(insert date)
to _______________(insert date) for improvements to the following described Pasco Sheriff’s Office project:
Project No. 2FY20
Project Name: K9 Training Campus
General Contractor:
This waiver does not cover any retention or any labor, services, or materials furnished after the date
specified.
Dated:_________________ Subcontractor Representative:
_________________________
_________________________
GC - 93
SUBCONTRACTOR'S WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND
(Attachment to General Contractor's Application for Payment No. ) (FINAL PAYMENT)
Note: The General Contractor shall attach this statement to each Application for Payment beginning with the second Application for Payment. This statement is applicable to each subcontractor whose work appeared on the prior Application for Payment for which the General Contractor has been paid. The undersigned:
____________(Name of Subcontractor Representative),
the (Title of Subcontractor Representative)
of (Name of Subcontractor),
the principal address for which is , in
consideration of receipt of the final payment in the sum of $____________________, hereby
waives its right to claim against the payment bond for labor, services or materials furnished to
_________________________ (insert the name of your customer) for improvements to the
following described Pasco Sheriff’s Office project:
Project No. 2FY20
Project Name: K9 Training Campus
General Contractor: ______________________________
Dated:__________________ Subcontractor Representative:
________________________________
________________________________
GC - 94
PART II
EXHIBIT H
CHANGE ORDER NO.
CONTRACT: 2FY20 K9 Training Campus ___________________________ _______
(Title)
CONTRACTOR:
BID NO. 2FY20 TASK (if applicable)
CONTRACT DATE:
(Circle as applicable)
TIME CHANGE EXTRA WORK CREDIT OTHER
The CONTRACTOR is hereby authorized and directed to make the following changes and modifications to the aforesaid Contract in accordance with all requirements applicable thereto.
DESCRIPTION OF CHANGE: COST IMPACT FINAL COMPLETION DAYS
GC - 95
REASON FOR CHANGE:
The initial Contract Price (FINALTOTAL BID PRICE)
was………………………………………………………………………….$
Net change by previous Change Orders..………………………………$
The Contract Price prior to this Change Order was……………………$
The Contract Price will be (increased,
decreased, unchanged) by this Change Order…………………………$
The Contract Price including this Change Order ………………………$_________
The Final Completion Milestone prior to this Change Order:
The time for the Final Milestone will be _ (extended, reduced,
unchanged) by ( ) days.
The Final Completion Milestone as of this Change Order:
The CONTRACTOR waives any and all claims to additional time extension and/or monetary compensation resulting from these changes and all costs associated with and addressed by this Change Order. Except to the extent expressly modified by this Change Order, the aforesaid Contract and all terms and conditions therein, as amended by all previous Change Orders, is reaffirmed in its entirety and shall remain in full force and effect.
IN WITNESS WHEREOF, this Change Order No. to
has been executed by the parties hereto or by their authorized representatives effective upon
the last day indicated below.
Pasco Sheriff’s Office Contractor
By: By:
Chris Nocco, Sheriff Authorized Signature
Date: __________________________ Title: ___________________________
Date: ___________________________
GC - 96
STATE OF }
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as applicable, complete
one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [ ] limited
liability company, organized under the laws of [State] , and who severally and duly acknowledged the
execution of such instrument as aforesaid on behalf of the corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
GC - 97
Said person is personally known to me or has produced as identification on behalf
of [Name, or Name of Corporation, Company, Partnership, Principal, as applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
GC - 98
PART II
EXHIBIT I
CONSENT OF SURETY TO CHANGE ORDER NO.
WHEREAS, the Pasco Sheriff’s Office (hereinafter the “PSO”), and
(hereinafter the “CONTRACTOR”), entered into an Agreement on
_____________ , 20 , in connection with that certain Project known as K9
Training Campus, Bid. No. 2FY20, FEMA No. N/A; and
WHEREAS, (hereinafter the
“SURETY”) is bound to PSO through its Performance and Payment Bond dated
, 20 , in the sum of $ in connection with the aforesaid Project
and Agreement; and
NOW, THEREFORE, the SURETY, through its authorized representative below, does
hereby approve of and consent to the attached Change Order No.__ , and agrees that said
Change Order shall not relieve the SURETY of any obligations to PSO as set forth in either of
the aforesaid bonds.
Affirmed under penalty of perjury this day of _______________, 20 .
SURETY:
By:
Witness to All Authorized Signature
By:
Witness to All As Attorney in Fact
Agency (Power of Attorney attached)
GC - 99
NOTARY ACKNOWLEDGMENT
STATE OF }
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as applicable, complete
one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [ ] limited
liability company, organized under the laws of [State] , and who severally and duly acknowledged the
execution of such instrument as aforesaid on behalf of the corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
GC - 100
Said person is personally known to me or has produced as identification on behalf
of [Name, or Name of Corporation, Company, Partnership, Principal, as applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
GC - 101
PART II
EXHIBIT J
Pasco Sheriff’s Office
ALLOWANCE AUTHORIZATION RELEASE (AAR)
CONTRACT: K9 Training Campus AAR No.______
CONTRACTOR: FEMA No. N/A
TASK (if applicable): Bid No.2FY20
The CONTRACTOR is hereby authorized and directed to make the following changes to the
above contract, in accordance with all applicable requirements. The CONTRACTOR waives
any and all other claims to additional time extensions and/or monetary compensation resulting
from these changes and all costs associated with and addressed by this AAR.
DESCRIPTION OF ALLOWANCE COST WORK TO BE PERFORMED IMPACT DAYS
Amount: Days:
Allowance Work included in Contract: $
Total of All Previous AARs: $
Balance of Allowance Work Available: $
Total Allowance Work – This AAR: $
Remaining Allowance Work Balance: $
Whereupon this AAR No. ______ has been executed by the parties or by their respective
authorized representatives effective upon execution by PSO.
GC - 102
CONTRACTOR:
By: [SEAL]
Witness
Name:
Title:
Witness
Date:
Pasco Sheriff’s Office
By:
Name: ______________________
Date:
GC - 103
PART II
EXHIBIT K
CONSENT OF SURETY TO FINAL PAYMENT
WHEREAS, Pasco Sheriff’ Office (hereinafter the “PSO”), and
(hereinafter the “CONTRACTOR”), entered into an Agreement on ____________
20 , in connection with that certain Project known as K9 Training Campus, Bid. No.
2FY20, FEMA No. N/A; and
WHEREAS, (hereinafter the “SURETY”)
is bound to PSO through its Performance and Payment Bond dated
, 20 , in the sum of $ in connection with the aforesaid Project and
Agreement; and
NOW, THEREFORE, the SURETY, through its authorized representative below, does
hereby approve of and consent to the Final Payment by PSO to the CONTRACTOR, and agrees
that said Final Payment shall not relieve the SURETY of any obligations to PSO as set forth in
either of the aforesaid bonds.
Affirmed under penalty of perjury this day of , 20 .
SURETY:
By:
Witness to All Authorized Signature
By:
Witness to All As Attorney in Fact
Agency (Power of Attorney attached)
GC - 104
NOTARY ACKNOWLEDGMENT
STATE OF }
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or
[ ] online notarization on this _____ day of _____________________, 20___, by [as applicable, complete
one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [ ] limited
liability company, organized under the laws of [State] , and who severally and duly acknowledged the
execution of such instrument as aforesaid on behalf of the corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
GC - 105
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
Said person is personally known to me or has produced as identification on behalf
of [Name, or Name of Corporation, Company, Partnership, Principal, as applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
SC - 1
PART II CONDITIONS OF THE CONTRACT
B. SPECIAL CONDITIONS 1. DAMAGE TO PRIVATE PROPERTY IF DURING THE COURSE OF THE “WORK” PROVIDED FOR HEREUNDER, THE CONTRACTOR DAMAGES PRIVATE PROPERTY, THE CONTRACTOR SHALL BE RESPONSIBLE FOR CORRECTING THE DAMAGE AND RESTORING THE PROPERTY OR CORRECTING THE DEFECT UPON THE WRITTEN REQUEST FROM PSO TO CORRECT THE DEFECT OR DAMAGE. 2. E-VERIFY PROGRAM THE PASCO SHERIFF’S OFFICE IS AN EMPLOYER PARTICIPANT IN THE DEPARTMENT OF HOMELAND SECURITY’S IMAGE PROGRAM AND UTILIZES E-VERIFY TO ENSURE ITS EMPLOYEES ARE APPROPRIATELY AUTHORIZED TO WORK IN THE UNITED STATES. AS PART OF ITS COMPLIANCE EFFORTS UNDER THIS PROGRAM, PSO ENCOURAGES ALL CONSULTANTS, CONTRACTORS (AND/OR ITS SUBCONTRACTORS) UNDER CONTRACT WITH OR PERFORMING WORK FOR PSO TO ESTABLISH EMPLOYMENT PROCEDURES THAT ADOPT THE IMAGES PROGRAM BEST PRACTICES AND OTHERWISE ENSURE COMPLIANCE WITH FEDERAL EMPLOYMENT ELIGIBILITY VERIFICATION REQUIREMENTS AS PART OF ITS HIRING PRACTICES. THE CONSULTANT OR CONTRACTOR SHALL ALSO INCLUDE THIS REQUIREMENT IN ALL ITS SUBCONSULTANT CONTRACTS INVOLVING PSO WORK. FOR THOSE PSO PROJECTS UTILIZING STATE OF FLORIDA FUNDS, THE REQUIREMENT TO COMPLY WITH EVERIFY WILL BE MANDATORY. PSO RESERVES THE RIGHT TO REQUEST VERIFICATION OF COMPLIANCE FROM ITS CONSULTANTS AND CONTRACTORS DURING THE TERM OF ITS CONTRACT WITH PSO AND FOR A PERIOD OF UP TO FIVE (5) YEARS THEREAFTER. SHOULD A PSO RETAINED CONSULTANT, CONTRACTOR AND/OR ITS SUBCONSULTANT’S BE FOUND TO BE NON-COMPLIANT WITH E-VERIFY AS PART OF A FEDERAL AUDIT OR OTHER INQUIRY, THE CONSULTANT, CONTRACTOR AND/OR ITS SUBCONSULTANT(S) WILL BE SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY FINES OR COSTS IMPOSED UPON PSO AS A RESULT OF SUCH NON-COMPLIANCE. COMPLIANCE WITH THIS SECTION IS MANDATORY FOR ALL PROJECTS INVOLVING STATE FUNDS. IN THE EVENT USE OF E-VERIFY IS MANDATED BY FEDERAL OR STATE LAW, CONTRACTOR SHALL BE COMPLIANT BY THE EFFECTIVE DATE.
SC - 2
STATE FUNDS INVOLVED N/A (MARK X IF APPLICABLE OR N/A) 3. CONSTRUCTION SITE RUNOFF, SITE OPERATOR TRAINING TO ENSURE NPDES COMPLIANCE, THE CONTRACTOR MUST HAVE AND MAINTAIN AT THEIR EXPENSE TRAINING CERTIFICATES ISSUED BY THE FLORIDA STORMWATER EROSION AND SEDIMENT CONTROL INSPECTOR TRAINING PROGRAM OR EQUIVALENT PROGRAM APPROVED BY FDEP FOR ALL INSPECTORS HE/SHE IS PLANNING TO USE TO PROVIDE THE SERVICES CONTRACTED HEREIN. CURRENT COPIES OF CERTIFICATES SHALL BE PROVIDED UPON DEMAND AT ANY TIME DURING THE CONTRACT PERIOD, (IF APPLICABLE).
TS - 1
PART II
CONDITIONS OF THE CONTRACT C. TECHNICAL SPECIFICATIONS AND PLANS THE CONTRACTOR WILL COMPLY WITH ALL TECHNICAL SPECIFICATIONS AND PLANS PREPARED BY THE PROJECT’S ARCHITECT, LIVESTONE CONSULTING, INC., DATED MAY 13-15, 2020, AND ANY ADDENDA PREPARED BY PSO, WHICH TECHNICAL SPECIFICATIONS AND PLANS ARE ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS PART OF THE CONTRACT DOCUMENTS. THESE TECHNICAL SPECIFICATIONS AND PLANS HAVE BEEN WRITTEN TO PROVIDE SPECIFIC REQUIREMENTS FOR THE K9 TRAINING CAMPUS PROJECT ONLY. THE INTENTION OF THE TECHNICAL SPECIFICATIONS AND PLANS IS TO BE COMPLEMENTARY AND SUPPLEMENTARY TO ALL GENERAL AND SPECIAL CONDITIONS IN THESE CONTRACT DOCUMENTS. SHOULD ANY CONFLICTS EXIST BETWEEN THE TECHNICAL SPECIFICATIONS AND THE GENERAL OR SPECIAL CONDITIONS (IF ANY), THE GENERAL CONDITIONS IN PART I OF THE CONTRACT DOCUMENTS SHALL PREVAIL AND CONTROL. IN PARTICULAR, THE CONTRACTOR SHALL TAKE NOTE OF THE FOLLOWING MODIFICATIONS TO THE TECHNICAL SPECIFICATIONS:
1. ALL REFERENCES TO “OWNER” IN THIS PART II SHALL BE CONTRUED AS REFERRING TO “PSO”.
2. THE “ARCHITECT” FOR PURPOSES OF THIS PROJECT WILL BE ACTING AS THE “PROFESSIONAL” AS THAT TERM IS DEFINED IN PART I OF THE CONTRACT DOCUMENTS. PSO WILL ASSIGN A PROJECT MANAGER WHO WILL PERFORM ALL THE DUTIES OF SUCH POSITION AS DEFINED IN THE CONTRACT DOCUMENTS.
3. ALL REFERENCES TO AIA FORMS (SUCH AS FOR A CHANGE ORDER) IN THE TECHNICAL SPECIFICATIONS SHALL BE CONSTRUED AS REFERRING TO THE PSO FORMS INCLUDED IN THE CONTRACT DOCUMENT FOR SUCH PURPOSES.
BP - 1
PART III
BID PROPOSAL PASCO SHERIFF’S OFFICE
PROJECT NAME: K9 Training Campus
By signing this Bid Proposal, the undersigned affirms that said Bid Proposal is made without any understanding, agreement, or connection with any other person, firm or corporation providing a Bid Proposal for the same purpose, and that this Bid Proposal is in all respects fair, and without collusion or fraud. The undersigned understands that this Bid Proposal must be signed to avoid rejection by the Pasco Sheriff’s Office (hereinafter the “PSO”).
IN EXECUTING THIS DOCUMENT, THE UNDERSIGNED REPRESENTS THAT THE BIDDER ACCEPTS THE TERMS, CONDITIONS, MANDATES, AND OTHER PROVISIONS OF THE ASSOCIATED INSTRUCTIONS TO BIDDERS (PART I), THE CONDITIONS OF CONTRACT (PART II), AND THE AGREEMENT (PART IV), SAID DOCUMENTS AND THEIR RESPECTIVE EXHIBITS AND ATTACHMENTS BEING THE SOLE BASIS UPON WHICH THE BIDDER MAKES THIS PROPOSAL.
* * * MUST BE SIGNED IN BLUE OR BLACK INK * * *
ALL THE FOLLOWING REQUESTED INFORMATION MUST BE GIVEN FOR
THIS BID PROPOSAL TO BE CONSIDERED BY PSO:
BP - 2
1A. Bid Price K9 Kennel. Note that this sum represents………… Est. Build Time
the total of the prices shown in the following Bid _______________
Schedule (page(s) BP 1 - 7). Should the BIDDER (DO NOT LEAVE BLANK)
make any errors in determining a line item total or
in the summation of the line item totals in said Bid
Schedule, upon discovery of the errors, the correct
multiplication and/or sum, will be used by the
PSO in determining the Bid Price of a BIDDER;
provided, however, the PSO shall not be
liable for any failure to discover such errors: $_____________.
(DO NOT LEAVE BLANK)
1B. Bid Price Indoor Training. Note that this sum……………….. Est. Build Time
represents the total of the prices shown in the _______________
following Bid Schedule (page(s) BP 1 - 7). Should (DO NOT LEAVE BLANK)
the BIDDER make any errors in determining a line
item total or in the summation of the line item totals
in said Bid Schedule, upon discovery of the errors,
the correct multiplication and/or sum, will be used
by the PSO in determining the Bid Price of a
BIDDER; provided, however, the PSO shall not be
liable for any failure to discover such errors: $_____________.
(DO NOT LEAVE BLANK)
1C. Bid Price Indoor Open. Note that this sum……………………Est. Build Time
represents the total of the prices shown in the _______________
following Bid Schedule (page(s) BP 1 - 7). Should (DO NOT LEAVE BLANK)
the BIDDER make any errors in determining a line
item total or in the summation of the line item totals
BP - 3
in said Bid Schedule, upon discovery of the errors,
the correct multiplication and/or sum, will be used
by the PSO in determining the Bid Price of a
BIDDER; provided, however, the PSO shall not be
liable for any failure to discover such errors: $_____________.
(DO NOT LEAVE BLANK)
2. Indemnification & Other Consideration
(See GC 6.5.5 & 16.2.3): $ 200.00
3. Total Bid Price (add the dollar amounts
stated in the above lines.) $
(DO NOT LEAVE BLANK)
4. Allowances (Article 21 of General Conditions)
A. Allowance Work General Site Work $ 25,000.00 (FOR PSO USE ONLY)
B. Allowance Work Private Provider Inspections $ 23,000.00 (FOR PSO USE ONLY)
C. Other Allowances $ N/A .
5. Alternates (none) $ N/A_ ___.
6. Final Total Bid Price *: $ .
(FOR PSO USE ONLY)
* The dollar amounts shown herein are to be utilized by PSO as a guide to selecting the best qualified BIDDER. PSO reserves the right to award on more than one or none of the Alternates at its sole discretion. The actual total compensation paid BIDDER for the Project described in these Contract Documents may vary from the amount stated herein due to adjustments in pay quantity/quantities resulting from changes in item quantity/quantities, and/or adjustments in pay quantity/quantities as otherwise permitted by these Contract Documents.
BP - 4
7. BIDDER acknowledges that included in the various items of the proposal, and in the Total Bid Price as indicated above, are costs for complying with the Florida Trench Safety Act.
The BIDDER further identifies the cost to be $ [IMPORTANT: this blank to be filled in by the BIDDER]. This cost is itemized in the Florida Trench Safety Act Certification and Disclosure Statement that is included in this proposal as Exhibit B. It is a MANDATORY REQUIREMENT that the Disclosure Statement be submitted with a bid.
8. The Total Bid Price quoted above represents the Bid Proposal of the BIDDER, exclusive of consideration of Reserves for Specified Allowances and of the Alternate(s) listed in any accompanying Alternative Bid Schedule. PSO may select one or more of any said Alternate(s) relative to determining the best value bid proposal to fit PSO’s needs. The Final Total Bid Price will be computed by PSO to reflect all Reserves for Allowances, as well as the addition or deletion of any Alternate(s) selected by PSO. Where an Alternative Bid Schedule is provided, A FAILURE TO SUBMIT A PRICE FOR EACH ALTERNATE MAY RESULT IN REJECTION OF THE BID AS NONRESPONSIVE.
9. Receipt of Addendum No._______ through No._______ is acknowledged.
10. Legal name of the BIDDER: ______________.
(This name must match the name on your current W9 Form. The W9 will be requested at the time of award. Designate with name, in typed or printed form, whether corporation, limited liability company, partnership, individual, or other type of legally recognized entity or person; if not a natural person, designate also the state or country of incorporation or other legal establishment, as applicable)
All fictitious names or aliases:
11. Local (Pasco County, Florida) business and mailing address of the BIDDER:
12. Primary business and mailing address of the BIDDER:
Contractor License No.
Federal Employer Identification Number (FEIN): .
13. Business phone number of the BIDDER: ( ) ; Fax: ( )
14. The BIDDER has been operating under the present trade name continuously since:
.
BP - 5
15. The BIDDER represents by execution of this document below that the BIDDER
understands all the requirements associated with this Bid, that this is a serious Bid, and
that the BIDDER will comply fully with all the stipulations included in the Bid Package.
The above-named BIDDER affirms and declares: A. That the BIDDER, if an individual, is of lawful age, and that no other person, firm or
corporation has any interest in this Proposal, or in the contract proposed hereby, except as expressly stated below (if none, so state):
B That this Proposal is made without any understanding, agreement, or connection with any other person, firm or corporation making a Proposal for the same purpose, and is in all respects fair and without collusion or fraud except as expressly stated below:
C. That the BIDDER is not in arrears to PSO upon debt or contract and is not a defaulter, as surety or otherwise, upon any obligation to PSO except as expressly stated below:
D. That no officer or employee or person whose salary is payable in whole or in part from the PSO is, shall be or shall become interested, directly or indirectly, as surety or otherwise in this Proposal, in the performance of this Contract, in the supplies, materials, equipment, and work or labor to which they relate, or in any portion of the profits thereof.
E. That the BIDDER has received and carefully examined all Addenda issued prior to Bid Opening.
F. That the BIDDER has carefully examined the site of the Work and that, based alone
upon investigations by the BIDDER, the BIDDER is fully satisfied as to: (1) the nature and location of the Work; (2) the location of all existing utilities, whether above or below the surface; (3) all subsurface conditions; (4) the character, quality and quantity of all materials needed for the performance of the Work; (5) the kind and extent of the equipment, labor and other resources or facilities needed for the performance of the Work; (6) the general and local conditions, as well as all difficulties that may be encountered, including but not limited to weather conditions; and (7) all other items which may in any way affect or impact the Work or its performance.
G. That the BIDDER or any officer of the BIDDER has not been found guilty of a public
entity crime or is on the convicted vendor list as set forth in Sections 287.132 and 287.133, F.S.
H. If claiming Local Vendor Preference, the Offeror certifies that they satisfy each of the following criteria at the time of their submission of a response to the solicitation
BP - 6
necessary to qualify as a “Local Business”: a) a vendor, supplier, or contractor who does business in Pasco County by providing goods, services, or construction; and b) maintains a physical business address located within the jurisdictional limits of Pasco County in an area zoned for the conduct of such business; and c) which the vendor, supplier or contractor operates or performs business on a daily basis; and d) has for at least twelve (12) months prior to the bid or proposal opening date; and (e) provides a copy of their local business tax receipt or evidence of qualification as a business in a neighboring county as listed in the County’s Purchasing Ordinance at the time of submittal. Post office boxes shall not be used for the purpose of establishing said physical address.
________ Local Business located in Pasco County (Please put an “X” in the box or
mark N/A)
Note: If claiming Local Vendor Preference, a valid Local Business Tax Receipt must be provided at the time the response is submitted in order to qualify for such consideration.
16. The individual executing this document, under penalty of perjury, represents that he or she is either the BIDDER, or that he or she is of lawful age and has been duly AUTHORIZED to execute this document on behalf of the BIDDER. A copy of the document authorizing the signer to sign is included with this Bid Proposal.
IN WITNESS WHEREOF, this Bid Proposal has been signed and sealed as of the date indicated below by the BIDDER.
ATTEST: BIDDER:
BY: (SEAL) Witness (Authorized signature in ink)
Witness (Printed name of signer)
(Printed title of signer)
CORPORATE SEAL _______________________________ (where appropriate) (Date signed)
THIS PROPOSAL MUST BE SWORN TO OR
AFFIRMED BELOW BY THE PERSON SIGNING IT (see following pages)
BP - 7
NOTARY ACKNOWLEDGMENT STATE OF } } ss COUNTY OF } The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this _____ day of _____________________, 20___, by [as applicable, complete one of the choices below]: FOR A CORPORATION OR LIMITED LIABILITY COMPANY: [Name] , who executed the foregoing instrument as [Title] of [Corporation or Company Name] , a [check one] [ ] corporation [ ] limited liability company, organized under the laws of [State] , and who severally and duly acknowledged the execution of such instrument as aforesaid on behalf of the corporation or limited liability company. FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT: [Name] FOR PARTNERSHIP: [Name] Partner (or Agent), on behalf of [Name of Partnership] , a [State] partnership. Said person is personally known to me or has produced as identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal, as applicable]: Signature of person taking acknowledgment Name typed, printed or stamped Title or rank
Serial number (if any)
BP - 8
BOND NO. _________
PART III
EXHIBIT A
BID BOND
KNOW ALL MEN BY THESE PRESENTS THAT WE,
(hereinafter called the Principal)
and (hereinafter called the Surety), a
corporation chartered and existing under the laws of the State of
, with its principal offices in the City of and authorized to do
business in the State of Florida, are held and firmly bound unto the Pasco Sheriff’s Office
(PSO), Pasco County, Florida, in the full and just sum of FIVE PERCENT (5%) OF THE
TOTAL BID PRICE in good and lawful money of the United States of America, to be paid upon
demand of PSO and to which payment, will and truly to be made, we bind ourselves, heirs,
executors, administrators, successors, and assignees, jointly and severally and firmly by these
presents.
WHEREAS, the Principal is about to submit or has submitted a Proposal to the Pasco
Sheriff’s Office for the purpose of
Construction of a K9 Training Campus
for the Pasco Sheriff’s Office, designated as Bid No. 2FY20 ; and
WHEREAS, the Principal desires to file this Bid Bond in accordance with law, in lieu of
an acceptable check otherwise required to accompany the Proposal;
NOW THEREFORE, the conditions of this Bid Bond are such that if the Proposal is
accepted by PSO and if the Principal, within ten (10) days after written Notice of Selected
Bidder, (a) executes a written contract in the form and manner required by PSO, in accordance
with the Proposal, and upon the terms, conditions and price(s) set forth therein and (b)
executes any Performance Bond and/or Payment Bond required by the Proposal; valued in the
amount(s) specified therein; and in a form and with sureties satisfactory to PSO, or furnishes
an alternate form of security acceptable to PSO and (c) submits certificates of insurance in the
manner specified in the Contract Documents, with companies acceptable to PSO, and in such
amounts as required by the Contract Documents; then this Bid Bond is void. Otherwise, this
Bid Bond remains in full force and effect and the Surety shall immediately pay to PSO, upon
demand, the amount secured by this Bid Bond in good and lawful money of the United States
of America, upon failure of the Principal to comply with any and all of the foregoing
requirements within the time specified above.
BP - 9
THIS BOND DATED THIS DAY OF , 20 .
ATTEST: PRINCIPAL: (SEAL)
BY: By: Name: Name: Title: Title: Witness Witness
BP - 10
-OR-
BY: (SEAL)
Witness As Attorney in Fact (Attach Power)
Witness Printed Name
Business Address
( )
Business Telephone
BP - 11
NOTARY ACKNOWLEDGMENT
STATE OF }
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical
presence or [ ] online notarization on this _____ day of _____________________, 20___,
by [as applicable, complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ]
corporation [ ] limited liability company, organized under the laws of [State] ,
and who severally and duly acknowledged the execution of such instrument as aforesaid
on behalf of the corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
Said person is personally known to me or has produced as
identification on behalf of [Name, or Name of Corporation, Company, Partnership,
Principal, as applicable]:
BP - 12
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
ATTEST: SURETY:
Printed Name
Business Address
BY:
(SEAL) Authorized Signature
Witness
Witness Printed Name
-OR-
BP - 13
BY:
(SEAL)
Witness As Attorney in Fact (Attach Power)
Witness Printed Name
License Number of Agent
COUNTERSIGNED (if applicable):
Signed Agency Name
( )
Agent's License No Telephone Agency Mailing Address
( )
Agency Telephone No.
( )
Agency Fax No.
BP - 14
NOTARY ACKNOWLEDGMENT
STATE OF }
} ss
COUNTY OF }
The foregoing instrument was acknowledged before me by means of [ ] physical presence
or
[ ] online notarization on this _____ day of _____________________, 20___, by [as
applicable, complete one of the choices below]:
FOR A CORPORATION OR LIMITED LIABILITY COMPANY:
[Name] , who executed the foregoing instrument as [Title]
of [Corporation or Company Name] , a [check one] [ ] corporation [
] limited liability company, organized under the laws of [State] , and who
severally and duly acknowledged the execution of such instrument as aforesaid on behalf of
the corporation or limited liability company.
FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT:
[Name]
FOR PARTNERSHIP:
[Name] Partner (or Agent), on behalf of [Name of Partnership]
, a [State] partnership.
FOR AN INDIVIDUAL ACTING AS PRINCIPAL BY AN ATTORNEY IN FACT:
[Name] , as attorney in fact.
BP - 15
Said person is personally known to me or has produced as
identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal,
as applicable]:
Signature of person taking acknowledgment
Name typed, printed or stamped
Title or rank
Serial number (if any)
BP - 16
PART III
EXHIBIT B
FLORIDA TRENCH SAFETY ACT
CERTIFICATION AND DISCLOSURE STATEMENT
(MANDATORY)
The undersigned acknowledges the requirements of the Florida Trench Safety Act and
hereby certifies that the undersigned is an authorized representative of the bidder and in that
capacity commits the bidder to the following in the performance of the work in the event that
the subject contract is awarded to and executed by said bidder.
1. The bidder acknowledges the Florida Trench Safety Act and the requirements established herein.
2. The bidder further acknowledges that the aforementioned Act established the Federal excavation safety standards set forth at 29 CFR Part 1926.650, Subpart P as the interim State standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or reviews said interim standard. This State of Florida standard may be supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions.
3. The bidder, as Contractor, shall comply with all applicable excavation/trench safety standards.
4. The Contractor shall consider the geotechnical information available from the PSO, its own sources and all other relevant information in its design of the trench safety system it will employ on the subject project. The Contractor acknowledges that it is solely responsible for the selection of the data on which it relies in designing said safety system, as well as for the system itself.
5. The amount the bidder has set forth in Item 7 of page BP-2 includes the following excavation/trench safety measures and the linear feet of trench excavated under each safety measure. These units, cost and the unit prices inferred shall be disclosed solely for the purpose of compliance with the procedural requirements of the aforementioned Act. No adjustment to the Contract Time or Price shall be made for any difference in the number of linear feet of trench excavation, except as may otherwise be provided in these Contract Documents.
BP - 17
Unit of
Trench Safety Measure Unit Measure Unit Extended
(Description) (Qty) (LF,SY) Cost Cost
A. $ $
B. $ $
C. $ $
D. $ $
TOTAL $
6. This amount disclosed as the cost of compliance with the applicable trench safety requirement does not constitute the extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums, at no additional cost to the PSO (except as may otherwise be provided), which are necessary to so comply.
7. Acceptance of the bid to which this certification and disclosure applies in no way represents that the PSO or its representatives has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the bidder, as Contractor, of its sole responsibility to comply with the applicable trench safety requirements.
Authorized Signature Typed name of Contractor
Date
BP - 18
PART III
EXHIBIT C
CONFLICT OF INTEREST
MANDATORY
The award hereunder is subject to provisions of Chapter 112, Florida Statutes. All BIDDERS must disclose with their Bid Proposal the name of any officer, director, or agent who is also an employee of the Pasco Sheriff’s Office. Further, all BIDDERS must disclose the name of any Pasco Sheriff’s Office employee who owns, directly or indirectly, an interest of ten (10) percent or more in the BIDDER’S firm or any of its branches.
Name Conflict
____
____
____
The undersigned, under penalty of perjury, claiming authority to act for the
BIDDER named below, does hereby certify on behalf of the BIDDER that this Bid Proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid Proposal for the same WORK, MATERIALS, supplies, or EQUIPMENT; that it is in all respects fair and without collusion or fraud; and that the BIDDER agrees to abide by all conditions of this Bid Proposal.
By: Name of BIDDER
Name:
Title:
Date:
BP - 19
PART III
EXHIBIT D
CERTIFICATION OF UNDERSTANDING (NPDES AND PPCP)
On behalf of the BIDDER named below, I am authorized, and do hereby
certify, under penalty of perjury, that I understand the terms and conditions of the
General National Pollutant Discharge Elimination System (NPDES) Permit that
authorizes the storm water discharge activity from the construction site identified
as part of this certification.
Furthermore, I am authorized, and hereby certify, that the BIDDER will hold the PASCO SHERIFF’S OFFICE harmless for any and all violations of the General NPDES Permit conditions and the Storm Water Pollution Prevention Control Plan in connection with this Project.
By: Name of BIDDER
Name:
Title:
Date:
STATE OF __________ }
}ss
COUNTY OF ________ }
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ]
online notarization, this ____ day of _______________, 20__ by ,
of , a __________ corporation, on behalf of
the corporation or limited liability corporation. He / She is personally known to me or who has
produced as identification.
Signature of person taking acknowledgment
Name typed, printed or stamped
BP - 20
(NOTARY SEAL)
Title or rank
Serial number (if any)
BP - 21
PART III
EXHIBIT E
CONTRACTOR RESPONSIBILITY SURVEY FOR ENGINEERING AND CONSTRUCTION SERVICES
In order to determine the best value bidder for this project, Pasco Sheriff’s Office (PSO)
mandates that the selected bidder provide the following survey. THE FAILURE OF A BIDDER
TO PROVIDE TIMELY ALL INFORMATION REQUESTED BY THE SPECIFIED DATE MAY
RESULT IN A FINDING THAT THE BIDDER IS NOT RESPONSIBLE. PSO MAY RELY ON
THIS INFORMATION IN AWARDING THE CONTRACT FOR THIS PROJECT, THEREFORE,
ANY MATERIALLY FALSE, MISLEADING, OR INCOMPLETE INFORMATION SUBMITTED
BY A BIDDER MAY BE GROUNDS FOR REJECTION OF A BID OR REVOCATION OF AN
AWARDED BID IF THE MATERIAL FALSITY, MISLEADING NATURE, OR
INCOMPLETENESS OF THE INFORMATION SUBMITTED IS DISCOVERED BEFORE
PSO’S APPROVAL OF THE CONTRACT, OR FOR THE TERMINATION OF THE
CONTRACT FOR CAUSE IF DISCOVERED AFTER PSO APPROVAL OF THE CONTRACT.
Any questions concerning the requested information may be directed to the Pasco Sheriff’s
Office Purchasing Manager.
Information and Documents to be provided
1. List all projects on which the BIDDER has worked in the last two (2) years. Please
include, for each project, the job location, the cost and/or contract value, the name and
telephone number of the owner’s representative, and the name and telephone number
of the surety.
2. List all projects for which the BIDDER is currently under contract. Please include,
for each project, the job location, the cost/contract value, the name and telephone
number of the owner’s representative, and the name and telephone number of the
surety. Also indicate whether the BIDDER is the prime contractor on the project, and
whether all subcontractors have been paid to date in a timely fashion.
3. Provide a copy of the current resume of the project manager and full-time job
superintendent for the BIDDER who will be used on this project for PSO, if the contract
is awarded to the BIDDER.
4. Provide a critical path management plan within ten days of Notice to Proceed or
date of pre-construction meeting whichever is later detailing the approach the BIDDER
anticipates taking towards this project for PSO.
5. Provide a copy of a balance sheet and income statement for the most recent
quarterly period of the fiscal year of the BIDDER.
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PART IV
AGREEMENT
THIS AGREEMENT is made and entered into by and between the PASCO SHERIFF’S
OFFICE, hereinafter called PSO, and hereinafter called the CONTRACTOR, whose
business address is .
WITNESSETH THAT:
In consideration of the mutual covenants and provisions contained herein, the
parties hereto agree as follows:
1. The CONTRACTOR shall provide to PSO, within the Contract Time, all labor, materials, and appurtenances thereto per the requirements set forth in the Contract Documents for: K9 Training Campus, Bid No.: 2FY20
2. The CONTRACTOR shall complete the Work to be performed under this Agreement within _____ calendar days (the initial Contract Time) from the date of the Notice To Proceed issued by PSO.
3. In addition to the number of calendar days specified for the initial Contract Time in the preceding paragraph, _____ calendar days have been included in the overall Contract Time for allocation to the CONTRACTOR for performance of Allowance Work in accordance with the Allowances provision of the Contract Documents.
4. Time is of the essence for this Agreement. Timely completion of the Work after the issuance of the aforesaid Notice to Proceed is of central importance to PSO. This Project has certain various critical milestones to be met.
5. Liquidated damages shall apply to compensate for delays. The parties acknowledge and agree that the damages to PSO associated with any delay in completion of the Project are not readily ascertainable as of the time of execution of this Agreement, and concur that the sum of $500 per day per diem, bears a reasonable relationship to the actual damages which the PSO would suffer as a consequence of any such delay in completion of the Work. The parties agree that such sums are reasonable and would not constitute a penalty against the CONTRACTOR. In arriving at these sums, consideration has been given to the loss to the public of the use of the Project due to delay, the additional administrative costs caused by any delay, higher labor and material costs associated with delay, risks associated with litigation from delay, and other factors. Failure to complete the Work by any Milestone Date(s) set forth in the agreed upon Work Schedule or in this Agreement, up to and including that for Final Completion, therefore, shall entitle the PSO to deduct these sums from the Contract Price for each day of delay in meeting each such Milestone Date. The amounts of Liquidated Damages for individual Milestone Dates are additive for each day of delay they are concurrently in effect.
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6. This Agreement includes and incorporates by reference all Contract Documents, as the term Contract Documents is defined within Article 1 of the General Conditions found in Conditions of the Contract (Part II).
7. The total Contract Price for the full and complete performance by Contractor of all Work required by the Contract Documents shall not exceed $________________ unless otherwise modified as provided herein. The total Contract Price includes $100.00 for Indemnification, $100.00 for termination for convenience, $48,000.00 for Allowance Work, and $_N/A___ for Alternates. Payment shall be made not more often than once per month and in accordance with the Contract Documents.
8. During the performance of this Agreement, the CONTRACTOR herein assures the PSO that said CONTRACTOR is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and The Florida Civil Rights Act of 1992 in that the CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against the employees of the CONTRACTOR or its applicants for employment. The CONTRACTOR understands and agrees that this Agreement is conditioned upon the veracity of this Statement of Assurance. Furthermore, the CONTRACTOR herein assures the PSO that said CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964 when any Federal grant is involved. Other applicable Federal and State laws, executive orders and regulations prohibiting the type of discrimination as hereinabove delineated are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam Era Veterans and Disabled Veterans within its protective range of applicability.
9. The CONTRACTOR shall furnish to the PSO (when and in the manner required by the Contract Documents) all appropriate Certificates of Insurance, and a Performance Bond and/or Payment Bond for the Contract Price within ten (10) days following Notification of Award.
10. The PSO and the CONTRACTOR acknowledge the acceptance from the Bid Proposal (Part III) of the following Alternate(s).
No. N/A No. No. No.
No. No. No. No.
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The PSO and the CONTRACTOR acknowledge that the corresponding price
as shown in the Bid Proposal (Part III) for each accepted Alternate is
incorporated in the amount of compensation specified in paragraph 5 above.
11. The PSO and the CONTRACTOR acknowledge that all addendums issued with respect to this Project are herein incorporated into the list of Contract Documents listed in Article 1, Part II and made a part of this Agreement.
12. The funding required for this Project is contingent upon the availability of sufficient donated funds.
13. This Agreement and any changes hereto shall constitute the entire agreement between CONTRACTOR and PSO relating to Work. This Agreement supersedes all previous or contemporary representations or warranties of PSO or CONTRACTOR not set forth or referenced in the Contract Documents.
14. Except as specifically provided herein, no modification, waiver, termination, rescission, discharge, or cancellation of this Agreement, or of any term thereof, shall be binding on the PSO unless in writing and executed by the SHERIFF.
15. Waiver by the PSO of a breach of any provision of this Agreement by the CONTRACTOR shall not be deemed to be a waiver or any other breach and shall not be construed to be a modification of the terms of this Agreement.
16. No modification, waiver, termination, discharge, or cancellation of the Agreement or of any terms thereof shall impair the rights of the PSO with respect to any liabilities, whether or not liquidated, of the CONTRACTOR to the PSO theretofore accrued.
17. The duties and obligations imposed upon the CONTRACTOR by this Agreement and the rights and remedies available hereunder, shall be in addition, and not limited, to any otherwise imposed or available in law or in equity, whether by statute, special guarantee, or otherwise.
18. The CONTRACTOR shall at all times remain an independent contractor and shall have no power, nor shall the CONTRACTOR represent that the CONTRACTOR has any power, to bind PSO or to assume or to create any obligation expressed or implied on behalf of the PSO.
19. This Agreement shall be binding upon and its benefits and advantages shall inure to the heirs, personal representatives, successors and assigns of the parties hereto.
20. The parties agree that if any part, term or provision of this Agreement is held to be illegal, unenforceable or in conflict with any applicable federal, state or
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local law or regulation, such part, term or provision shall be severable with the remainder of the Agreement remaining valid and enforceable.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the last day written below (bid award date for the Project subject thereto).
Pasco Sheriff’s Office Contractor
By: By:
Chris Nocco, Sheriff Authorized Signature
Date: __________________________ Title: ___________________________
Date: ___________________________
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NOTARY ACKNOWLEDGMENT STATE OF } } ss COUNTY OF } The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization on this _____ day of _____________________, 20___, by [as applicable, complete one of the choices below]: FOR A CORPORATION OR LIMITED LIABILITY COMPANY: [Name] , who executed the foregoing instrument as [Title] of [Corporation or Company Name] , a [check one] [ ] corporation [ ] limited liability company, organized under the laws of [State] , and who severally and duly acknowledged the execution of such instrument as aforesaid on behalf of the corporation or limited liability company. FOR AN INDIVIDUAL ACTING IN HIS OR HER OWN RIGHT: [Name] FOR PARTNERSHIP: [Name] Partner (or Agent), on behalf of [Name of Partnership] , a [State] partnership. Said person is personally known to me or has produced as identification on behalf of [Name, or Name of Corporation, Company, Partnership, Principal, as applicable]: Signature of person taking acknowledgment Name typed, printed or stamped Title or rank
Serial number (if any)
